Chandan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27300 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- DHAMDAHA District- Purnia ====================================================== Chandan Kumar Ram Son of Sri Jitan Ram Resident of Village - Purandaha, P.S.- Dhamdaha, District - Purnea.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Amit Kumar Anand, Advocate For the Opposite Party :

Mr. satyedra Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State through video conferencing.

The petitioner apprehends arrest in a case registered for the offence punishable under section 7 of the EC Act. Prosecution's case, in brief, is that police seized 33 bags of rice (total 16.500 quintals) kept on the vehicle with BSFC mark gunny bags with machine stitched for its black marketing. Driver of the vehicle managed to flee away. Petitioner is said to be the owner of the vehicle. Learned counsel for the petitioner submits that the petitioner is not the PDS dealer and though he is the owner of the vehicle in question but he was not aware of the consignment being transported by his driver. No incriminating material has

Patna High Court CR. MISC. No.27300 of 2020(2) dt.06-11-2020 2/2 been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above 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 Sub Divisional Judicial Magistrate, Purnea in Dhamdaha Police Station Case No. 34 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T