Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22316 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== Rakesh Kumar Son of Nakul Prasad Sah @ Nakul Sah Resident of Village - Amjora, Firojpur Ward No. 4, Police Station- Meharma, District - Godda, Jharkhand.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pirpainty P.S. Case No. 202 of 2021 lodged under Sections 7 of E.C. Act.

The prosecution case is that the petitioner was found in possession of 39.70 quintals Arwa Chawal which was kept on a white pick-up van and the petitioner was alleged to sitting on the said pick-up. It was informed by him that the said rice belongs to one Gopal Sah and Binod Sah and he was going to deliver the said rice at Balli Tikar. It has been stated in the F.I.R. that the petitioner was neither owner of the rice nor of the vehicle. The allegation made in the F.I.R. is that the said rice

Patna High Court CR. MISC. No.22316 of 2022(2) dt.26-07-2022 2/2 was for black marketing.

Learned counsel for the petitioner submits that he is in custody since 08.01.2022. He further submits that charge sheet has already been filed in this case and he has got clean antecedent.

Learned counsel for the State opposes the prayer for bail, but he is not in a position to inform to the Court that whether this rice belongs to government or this rice belongs to a private person.

Considering the facts and circumstances and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rs. Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Bhagalpur in connection with Pirpainty P.S. Case No. 202 of 2021, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J.) guddu/- U T