Dilip Kumar Burnwal @ Dilip Kumar Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35467 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- JAMUI District- Jamui ====================================================== DILIP KUMAR BURNWAL @ DILIP KUMAR BARNWAL S/o Baleshwar Modi Resident of Bodhwan Talab near S.B.I Branch Jamui, P.S.- Jamui, District- Jamui, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Senior Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2022 Heard Mr. N.K. Agrawal, learned Senior Counsel assisted by Ms. Preety Kunwar for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner apprehends his arrest in Jamui P.S. Case No.96 of 2021, registered for the offences punishable under Sections 188, 204, 425, 442, 445 of the Indian Penal Code, Section 7 of the Essential Commodities Act as well as under Section 58 of the D.M. Act.

The informant along with other police personnel raided the shop of the petitioner and seized 410 bags of rice, 62 bags of

Patna High Court CR. MISC. No.35467 of 2021(2) dt.03-02-2022 2/2 wheat, 03 bags of gram, blank bags and two sewing machines. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner is a petty dealer and deals only in free sale commodity and not in any government/subsidized scheme food grains of the government. It is submitted that the seized commodities are own purchased food grains from open market. It is also submitted that the petitioner is not a PDS dealer.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Having considered the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Jamui P.S. Case No.96 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T