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Patna High CourtCR. MISC./25654/2021bail granted

Ravindra Kumar Verma v. The State Of Bihar

2022-02-14Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25654 of 2021 Arising Out of PS. Case No.-249 Year-2020 Thana- KARPI District- Jehanabad ====================================================== RAVINDRA KUMAR VERMA Son of Ram Vilas Singh Resident of Village - Karpi (Lalbag), P.S.- Karpi, District - Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Jha For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Karpi P.S. Case No. 249 of 2020 registered for the offence under Section 7 of Essential Commodities Act, 1955.

Allegedly, 187 bags of urea is said to have been sold to a fake person in the name of his son.

Patna High Court CR. MISC. No.25654 of 2021(2) dt.14-02-2022 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. It is alleged that 187 bags of urea is sold in the name of a fictitious person. The said allegation is denied by the petitioner. The petitioner is a licencee dealer. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional

Patna High Court CR. MISC. No.25654 of 2021(2) dt.14-02-2022 3/3 Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 249 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T