Munna Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23096 of 2021 Arising Out of PS. Case No.-1039 Year-2018 Thana- MOTIPUR District- Muzaffarpur ====================================================== Munna Chaudhary, aged about 37 years (Male), Son of Bansilal, R/o Village Purani Bazar, P.S. Motipur, District Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Krishna, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2021 Heard both sides through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.

The allegation against the petitioner is that he was illegally preparing diesel and petrol in his house. Huge quantity of kerosene oil and yellow coloured power was also recovered from the house of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.23096 of 2021(2) dt.15-09-2021 2/2 petitioner has falsely been implicated in the present case. No illegal or incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner was not present on spot when the alleged illegal article was recovered from his joint house. The petitioner is in custody since 02.12.2020 and he has got no criminal antecedent as stated in para 3 of the bail petition.

Learned APP for the State opposed the prayer for bail of the petitioner and submits that huge amount of kerosene oil and yellow powder was recovered from the house of the petitioner. Having considered the facts aforesaid and the fact that the petitioner is in custody since 02.12.2020, let petitioner, above named, be released on bail 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/successor court where the case is pending in connection with Motipur P.S. Case No.1039 of 2018.

(Anjani Kumar Sharan, J) S.KUMAR/- U T