Khageshwar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20614 of 2015 Arising out of PS.Case No. -143 Year- 2014 Thana -PALASI District- ARRARIA ====================================================== Khageshwar Manjhi, S/o late Tikaru Manjhi village - Naktakhurd, P.S. - Palasi, District - Araria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Kundan Kumar Singh, Advocate. For the Opposite Party : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 The petitioner is apprehending his arrest in connection with Palasi P.S. Case No. 143 of 2014 for the offences instituted under Section 7 of the E. C. Act.

Heard learned counsel for the petitioner and the State. The prosecution story, in brief, is that one Tauhid was caught by the villagers carrying the rice bags by his Tempo No. B.R. 11F/7529 who on being asked disclosed that the rice bags were loaded by Raj Kumar Sah. It further appears that Raj Kumar Sah disclosed that he had purchased 5 quintals rice from the petitioner and the rice was being taken for sale at Jokihat. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that the petitioner's name has figured in the present case on the

Patna High Court Cr.Misc. No.20614 of 2015 (2) dt.02-07-2015 2 / 2 basis of the statement of the co-accused. It is further submitted no recovery has been made from conscious possession of the petitioner. Merely the petitioner being the P.D.S. dealer he has falsely been implicated in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts, 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 four weeks from today in connection with Palasi P.S. Case No. 143 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T