Gopal Kumar @ Gopal Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30548 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- DIGHA District- Patna ====================================================== GOPAL KUMAR @ GOPAL KUMAR GUPTA S/o Sudeep Sao R/o MohallaPost Office Road, Digha, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 3(3)/4/5/7/35(a) of Fertilizer Control Act, 1985 and Section 7 of the Essential Commodities Act.

It is submitted that the petitioner has been falsely implicated in this case on suspicion, except which there is no objective material to connect the petitioner with the alleged occurrence. There is no seizure list whatsoever to support the accusation of black marketing. It is further submitted that the other co-accused has already been granted the anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 25957 of 2019 on 22.04.2019. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.30548 of 2019(3) dt.13-06-2019 2/2 In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna in connection with Digha Police Station Case No. 38 of 2019 (Special Case No. 02 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T