Jitendra Pandey @ Jitendra Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20410 of 2023 Arising Out of PS. Case No.-506 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Jitendra Pandey @ Jitendra Kumar Pandey Son Of Ramanand Pandey Resident Of Village - Bishunpur, P.S. - Chakia, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 34, 482, 483 of the Indian Penal Code as well as Sections 7(1)(a), 7(1)(a) (ii) of the Essential Commodities Act, Fertilizer Control Order-1985, Section 19(c)(iv), Section 13 of the Seeds Control Order, 1983.

The prosecution case as per F.I.R is that on getting information that illegal fertilizer is being manufactured by some unknown persons, raid was

Patna High Court CR. MISC. No.20410 of 2023(2) dt.22-05-2023 2/3 conducted and raw materials of D.A.P, Jink Thimat and other equipments and weighing machines were seized and from the place of seizure, five persons including the petitioner were arrested.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is neither proprietor nor co-sharer of the aforesaid manufacturing company. The petitioner is driver of the seized pick-up van and he was doing his work for his livelihood on monthly salary. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 23.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.20410 of 2023(2) dt.22-05-2023 3/3 each to the satisfaction of learned Additional Sessions Judge, East Champaran, Motihari in connection with Chakiya P.S. Case No. 506 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T