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Patna High CourtCR. MISC./73978/2018allowed

Mithilesh Poddar @ Gabbar Poddar And ANR v. The State Of Bihar

2018-12-18Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73978 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- Dhuraiya District- Banka ======================================================

1. Mithilesh Poddar @ Gabbar Poddar, son of Baikunth Poddar Resident of Village- Barkop Deru, P.S. Dhoraiya, DistrictBanka.

2. Gopal Sah, son of late Vishwanath Sah, Resident of VillageGhasiya, P.S. Dhoraiya, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2018 Heard learned counsels for the petitioners and the State.

Petitioners apprehend their arrest in connection with Dhoraiya P.S. Case No. 166 of 2018 registered for the offence punishable under section 7 of the E.C. Act of the Indian Penal Code.

Learned counsel appearing for the petitioners submit that merely on suspicion, petitioners have falsely been implicated in this case. There is no any evidence to show that the petitioners were involved in doing business of refilling cylinders. In view of the allegation made by the informant, no case is made out under Section 7 of the E.C. Act against these

Patna High Court Cr.Misc. No.73978 of 2018(2) dt.18-12-2018 2/2 petitioners. Petitioners have no criminal antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 166 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/-Sanjeev U T