Amrendra Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29153 of 2020 Arising Out of PS. Case No.-217 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== Amrendra Kumar Bhagat Son of Sri Narayan Bhagat Resident of VillageHaribela, P.S.- Bathnaha, District- Sitamarhi ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Chandra, Advocate For the Opposite Party :

Mr. Permand Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2020 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 sections 420/34 of the Indian Penal Code and section 7 of the EC Act.

In the night of 18/19.7.2018, a raid was conducted and a truck loaded with 400 bags of wheat was seized and two persons were apprehended who disclosed that this wheat was purchased by Manoj Kumar on the advice of this petitioner. It is further alleged that 40 bags of wheat and 558 bags of rice was also sized from the godown of Umesh Bhagat which was kept there for selling it in open market.

Learned counsel for the petitioner submits that petitioner is neither a PDS dealer nor any incriminating material

Patna High Court CR. MISC. No.29153 of 2020(2) dt.04-12-2020 2/2 has been recovered from him. The entire allegation of giving advise is absured and baseless. Petitioner is Post master at Haribela Post Office of Sitamarhi District and has clean 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 Chief Judicial Magistrate, Sitamarhi in Bathnaha Police Station Case No. 217 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T