Patna High CourtCR. MISC./20163/2019dismissed

Munna Kumar v. The State Of Bihar

2019-07-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20163 of 2019 Arising Out of PS. Case No.-520 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== MUNNA KUMAR Son of Ramjatan Singh, Resident of Village- NIma, P.S.- Bodhgaya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Bodhgaya P.S.Case No.520 of 2017 registered for offences punishable under Section 7 of the E.C. Act..

Allegation as per the written report is that the police got information that 20 bags of rice were being loaded in a tempo and on that the police reached there and it was disclosed that those rice are of the shop of P.D.S. Dealer (petitioner) and it was kept in the house of one Dev Lal Sah but the petitioner succeeded in fleeing away.

Submission of the learned counsel for the petitioner is that there is nothing available on the record to show that those rice were of the petitioner and the petitioner is the Chairman of PACS and he has falsely been implicated in this case.

Patna High Court CR. MISC. No.20163 of 2019(4) dt.23-07-2019 2/2 On the other hand the learned APP has opposed the prayer for bail and submitted that witnesses during investigation have supported the prosecution case. Heard learned A.P.P. also. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner surrenders and pray for regular bail, the same shall be considered on its own merit and if possible to be disposed of on the same day.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T