Shambhu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15172 of 2023 Arising Out of PS. Case No.-71 Year-2015 Thana- BELDOUR District- Khagaria ====================================================== SHAMBHU BHAGAT S/O RAMCHANDRA BHAGAT Resident of VillageKarinjari, P.S.- Beldaur, District- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 7 of Essential Commodity Act. Allegation against the petitioner is of black marketing of food grains.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the case is of the year, 2015 and he filed an anticipatory bail application, which was disposed of with a direction to surrender before the learned

Patna High Court CR. MISC. No.15172 of 2023(2) dt.16-05-2023 2/2 Court below. In the meantime, after investigation, police filed final form against the petitioner in the year, 2016 and the learned court below, differing with the final form, took cognizance against the petitioner in the year, 2022. Thereafter, the present application has been filed by the petitioner. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Beldaur P.S. Case No.71/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T