Gajadhar Chaudhary @ Gajadhar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22463 of 2023 Arising Out of PS. Case No.-430 Year-2022 Thana- CHAKAND District- Gaya ====================================================== Gajadhar Chaudhary @ Gajadhar Choudhary S/O- Prameshwar Chaudhary Village- Dumri Rasalpur Ps- Buniyadganj Dist-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate Mr. Roop Kishan, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7 of the E.C. Act.
As per the prosecution case, the informant on the basis of information raided the house of the petitioner and found that one Tempo was standing outside the house loaded with sixteen plastic bags of Arwa rice and five plastic bags of wheat with hand sewing and both the PDS dealer and the driver of the Tempo flew away.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not
Patna High Court CR. MISC. No.22463 of 2023(3) dt.03-07-2023 2/2 specific rather general and omnibus in nature. He submits that the petitioner has no concern either with the pickup van or with the 21 bags of food grains found loaded on the pickup van. He further submits that the license of the petitioner has been suspended by the concerned authority. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.
Considering the facts and circumstances of the case and the fact that the license of the petitioner was suspended by the concerned authority, 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 Chakand P.S. Case No. 430 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T