Sunil Gupta @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29889 of 2025 Arising Out of PS. Case No.-621 Year-2024 Thana- BEUR District- Patna ====================================================== 1.

Sunil Gupta @ Sunil Kumar S/o Arjun Sao @ Nakul Gupta R/o at and P.s. - Phulwari Sharif, Distt.- Patna 2.

Sonu Kumar @ Prakesh Kumar Gupta S/o Late Ramesh Kumar Gupta R/o Village - Gajipur, P.S.- Karpi, Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered under Section 7 of the Essential Commodities Act.

3. As per the prosecution case, on the date of occurrence, 10.55 quintal of subsidized rice kept on the road was seized and the said seized rice belongs to these petitioners.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to suspicion. Further submission is that petitioners had purchased the said rice from the villager and are not involved in the black marketing of the rice which was kept

Patna High Court CR. MISC. No.29889 of 2025(3) dt.23-07-2025 2/2 on road. Further submission is that the rice is not controlled item and it is freely available for sale in the market, and since the petitioners have obtained the same from the villager, therefore, Section 7 of the Essential Commodities Act is not applicable against the petitioners. Petitioners have got clean antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Patna in connection with Beur P.S. Case No. 621 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T