Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28061 of 2023 Arising Out of PS. Case No.-741 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== SANJAY SAH Son of Ramdev Sah Resident of village - Parsauna, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 7 of the Essential Commodities Act.

3. The informant alleges that a pickup van loaded with fertilizer was apprehended Bail Ghat, Urdu Primary School, and the driver fled and from the apprehended vehicle 2025 kg of urea was recovered, thus alleges that driver along with the owner of the pickup van were indulging in black marketing of fertilizer.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the petitioner is not named in the FIR nor he was present at the place of occurrence but being driver, he has been

Patna High Court CR. MISC. No.28061 of 2023(2) dt.25-07-2023 2/2 implicated, it is next submitted that even presuming what has been alleged is true without admitting, then being driver the petitioner was merely carrying the orders of the owner of the pickup van who had loaded the fertilizer, it is next submitted that the petitioner was completely unaware that the owner of the vehicle had loaded stolen fertilizer.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya P.S. Case No. 741 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T