Sarvan Kumar Mukhiya @ Sharvan Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23142 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== SARVAN KUMAR MUKHIYA @ SHARVAN KUMAR MUKHIYA S/O MUKHADEAV MUKHIYA R/O Village- Narhia, Ward No. 11, P.S- Laukahi, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Yadav For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 420 and Section 7 of Essential Commodity Act.

As per the prosecution case, on the alleged date of occurrence, SSB personnels were checking vehicle and during that a pick up van bearing registration No.BR-07GA-8624 was intercepted and 78 bags of fertilizer was loaded over the said pick up van which was being taken for black marketing and the said truck was seized.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.23142 of 2023(2) dt.26-06-2023 2/2 petitioner is neither owner nor driver of the said vehicle. Petitioner is not named in the FIR. Name of the petitioner transpired during investigation. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 learned Judicial Magistrate, Ist Class, Jhanjharpur, Madhubani, in connection with Andharamath P.S. Case No. 114 of 2022 corresponding to G.R. No.1128 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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