Patna High CourtCR. MISC./29790/2020bail granted

Uttam Kumar Gupta @ Uttam Prasad Gupta v. The State Of Bihar

2020-12-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29790 of 2020 Arising Out of PS. Case No.-28 Year-2020 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Uttam Kumar Gupta @ Uttam Prasad Gupta S/o Babulal Sao Resident of Village-Sunderpur, P.S.-Dharhara, District-Munger ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2020 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 section 7 of the EC Act. 14 quintals of rice was seized from a tempoo of which the petitioner is the owner. Driver of the petitioner did not produce papers with respect of rice.

Learned counsel for the petitioner submits that the petitioner has been made accused merely because he is owner of the tempoo. It is further submitted that the petitioner was not aware of the consignment being transported by the driver using his vehicle. Petitioner has been made accused on the basis of confessional statement of co-accused/driver of the vehicle Dinesh Yadav. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.29790 of 2020(2) dt.15-12-2020 2/2 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, Lakhisarai in Medni Chowki Police Station Case No. 28 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