Patna High CourtCR. MISC./21732/2022bail granted

Md Awesh Alam @ Avesh Alam v. The State Of Bihar

2022-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21732 of 2022 Arising Out of PS. Case No.-695 Year-2021 Thana- ARARIA District- Araria ====================================================== MD AWESH ALAM @ AVESH ALAM Son of Late Akhter Hussan Resident of Village - Bochi, P.S.- Araria (Bairgachhi), Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 420 of the Indian Penal Code and u/s 7 of E.C.Act.

As per the prosecution case,, petitioner was selling Urea at inflated price.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that entire case is based on the statement of witness, Tousif Alam who stated that petitioner sold Urea at Rs. 275/- in place of 266/- but later on he executed an affidavit and stated that he purchased Urea from the shop of petitioner at Rs. 266/- and labour Ritesh charged Rs. 9 as labour cost and there is no dispute that petitioner has sold Urea to him

Patna High Court CR. MISC. No.21732 of 2022(2) dt.05-09-2022 2/2 at inflated price. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub divisional Judicial Magistrate, Araria in connection with Araria (Madanpur) PS case No. 695/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T