Patna High CourtCR. MISC./49129/2017bail granted

Pintu Kumar v. The State Of Bihar

2017-10-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49129 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Pintu Kumar S/o Nagendra Prasad, R/o Village- Belouri, P.S.- Sadar (Muffasil), Disrict- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. B. N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-10-2017 Heard both sides.

The petitioner apprehends his arrest in Sadar (Muffasil) P.S. case No. 90 of 2017 for the offences punishable under Section 420, 409, 34 of the Indian Penal Code and under Section 7 of the E.C. Act.

One truck bearing registration No. NL03A-2508 was intercepted. The truck was loaded with rice.

The learned counsel for the petitioner submits that the rice was of Sikandar Rice Mill. Sikandar Kumar Singh, proprietor of Sikandar Rice Mill, disclosed that he purchased the rice from Maa Bhagwati Modern Rice Mill, the rice mill of the petitioner. It is further submitted that there is no chit of paper to show that petitioner sold any rice to Sikandar Rice Mill. Nothing

Patna High Court Cr.Misc. No.49129 of 2017 (2) dt.30-10-2017 2/2 has been recovered from the possession of the petitioner. Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner is owner of Maa Bhagwati Modern Rice Mill and nothing has been recovered from the possession of the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to 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 learned Sub divisional Judicial Magistrate, Purnea in connection with Sadar (Muffasil) P.S. case No. 90 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T