Mithilesh Sharma @ Mithlesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17262 of 2018 Arising Out of PS.Case No. -64 Year- 2017 Thana -MEHANDIA District- JEHANABAD ====================================================== Mithilesh Sharma @ Mithlesh Sharma, Son of Late Bali Sharma, Resident of Village- Bakhtar, Police Station- Mehandia in the District of Arwal. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Mehandia P.S. Case No. 64 of 2017 for the offences punishable under section 7 of the E.C. Act.

Allegedly, the tractor of the petitioner was caught with its driver loaded with drum containing kerosene oil and the driver stated the name of the petitioner that the same was given by coaccused Manish Kumar to be given to the petitioner. Submission is of false implication and that the petitioner has been made accused on the basis of the disclosure made by the co-accused Pappu Kumar who has already been

Patna High Court Cr.Misc. No.17262 of 2018 (2) dt.09-04-2018 2/2 granted bail vide Cr. Misc. No. 45720 of 2017, the informant has implicated the petitioner due to oblique motive, the petitioner has got no criminal antecedent, he is not the owner of the said tractor nor he is P.D.S. dealer and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that the petitioner is not the P.D.S. dealer.

In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Arwal in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T