Abbas Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12752 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- BAHADURGANJ District- Kishanganj ====================================================== ABBAS ALI S/O ABDUS SALM Resident of Village- Lakshmipur, P.S.- Kodhobari, District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 7 of the E.C. Act. Allegedly, 70 sacks of Urea is said to have been recovered from a Pick-Up van.

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. There is no specific overt act against the petitioner. Petitioner has neither been apprehended on spot nor any incriminating article has been recovered from his conscious physical possession. Only on suspicion, he has been made accused in this case. The said vehicle or Urea does not belongs to the petitioner. He has one

Patna High Court CR. MISC. No.12752 of 2023(2) dt.28-04-2023 2/2 criminal antecedent of similar nature of offence. 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 Bahadurganj P.S. Case No.211 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T