Amit Kumar @ Arvind Jamadar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29382 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== Amit Kumar @ Arvind Jamadar Son of Ramashray Prasad @ Ramashray Jamadar Resident of Village- Mirdaha Chak, P.S.- Harnaut, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

It is alleged that 18 quintals rice of Public Distribution System was being transported in Tata Magic

Patna High Court CR. MISC. No.29382 of 2021(4) dt.27-04-2022 2/3 Van of the petitioner for selling it in the black-market. It is submitted by learned counsel for the petitioner that petitioner is owner of the alleged seized vehicle. The driver of the vehicle who was apprehended from the spot has been granted bail by the learned Court below. It is further submitted that F.I.R was registered on 17.04.2020 whereas the seized vehicle of the petitioner was registered on 21.12.2020. Hence, the vehicle in question might be used by the driver without any knowledge to the petitioner. The petitioner is not a PDS dealer and he has no concern with the seized rice. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.29382 of 2021(4) dt.27-04-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 156 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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