Chhabi Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29148 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== CHHABI LAL YADAV S/O LATE DUKHAN YADAV R/O VILLAGECHALLANA, P.S-DHORAIYA, DISTRICT-BANKA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Sinha For the Opposite Party/s :

Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7 of the E.C. Act.

The petitioner is the owner of the seized vehicle from which illegal grains are said to have been recovered. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case as he is the owner of the vehicle. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.29148 of 2021(2) dt.04-01-2022 2/2 specific rather general and omnibus in nature. The petitioner happens to be owner of the vehicle in question and he had no knowledge of keeping of the alleged grains in his vehicle as he had given the vehicle to his driver to ply. It is further submitted that the offence under Section 7 of the E.C. Act is not made out against the petitioner. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, 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 six weeks from today, 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 where the case is pending/successor Court in connection with Sabour (Goradih) P.S. Case No. 213 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T