Patna High CourtCR. MISC./29972/2023bail granted

Pramod Kumar Yadav v. The State Of Bihar

2023-07-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29972 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Pramod Kumar Yadav Son Of Ram Narayan @ Ram Narayan Yadav R/ODhabahi P.S.-LAUKAHI Distt.- Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the parties.

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

3. 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. Petitioner is owner of the vehicle.

4. Learned counsel appearing for the petitioner submits that in fact the vehicle was handed over to driver Shrawan Kumar Mukhia and at the relevant time, he was returning with the vehicle after unloading paddy. Without his consent and knowledge, the driver loaded the seized fertilizer.

Patna High Court CR. MISC. No.29972 of 2023(3) dt.17-07-2023 2/2 Petitioner has no concern with the seized fertilizer. He claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, 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 Judicial Magistrate 1st class, Jhanjharpur District Madhubani in Andharamath Police Station Case No. 114 of 2022/G.R.No. 1128 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T