Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10848 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- SONBERSA District- Saharsa ====================================================== Amit Kumar, aged about 22 years, Male, son of Kishori Poddar, resident of Village - Pararia, Police Station - Sonbarsa- Raj ( Kashnagar O.P.) District - Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bikramdeo Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-07-2020 Heard Mr. Bikramdeo Singh , learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends arrest in connection with Sonbarsa - Raj ( Kashnagar O.P.) P.S. Case No. 4 of 2020 registered for the offence punishable under Section 7 of the Essential Commodities Act, 1955.

The allegation against the petitioner is that villagers caught hold the petitioner along with 15 liters of P.D.S. Kerosene Oil. It has further been alleged that petitioner is the son of a P.D.S. dealer.

Learned counsel for the petitioner submits that petitioner has falsely been implicated by co-villagers with oblique motive. Learned counsel further submits that stock position of the P.D.S. shop of the father of the petitioner was verified by the competent authority and the stock of kerosene

Patna High Court CR. MISC. No.10848 of 2020(2) dt.03-07-2020 2/2 oil in the shop of the father of the petitioner was found in order, this fact has been stated in paragraph no. 10 of this application. Having heard learned counsel for the parties and taking into consideration the fact that stock position of the shop of the father of the petitioner was found in order, I am inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saharsa in connection with Sonbarsa-Raj ( Kashnagar O.P.) P.S. Case No. 04 of 2020 , subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T