Pankaj Kamakar @ Pankaj Prasad @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18759 of 2023 Arising Out of PS. Case No.-854 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Pankaj Kamakar @ Pankaj Prasad @ Pankaj Kumar S/O Late Saraju Kamakar Resident Of Village-Deokuli (Nataka Shiv), P.S.-Brahampur, District-Buxar ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 7 of the Essential Commodities Act.
As per FIR, the prosecution case relates to recovery of total 47 bags of IFCO fertilizer from the house of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is submitted from para 11 of the petition is that 16 farmers of village Deokuli
Patna High Court CR. MISC. No.18759 of 2023(2) dt.17-05-2023 2/2 had kept their fertilizer in the house of the petitioner for the use of the same in their fields after purchasing from dealers because their fields are situated near the house of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 18.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Brahmpur P.S. Case No. 854 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar. (Sunil Kumar Panwar, J) Manishkumar/- U T