Ashok Yadav @ Ashok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35143 of 2023 Arising Out of PS. Case No.-1112 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Ashok Yadav @ Ashok Kumar Yadav S/O- Shankar Yadav Village- Sanokhar Ps- Sanokhar Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Yadav, Adv For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner has produced a photocopy of the receipt of purchase of foodgrains in the Court.

3. Let it be kept on record.

4. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7 of the E.C. Act.

5. As per the prosecution case, on the basis of secret information, the informant has seized 35 quintal subsidized Government rice which was loaded on one Mahindra Pick Up Van. The petitioner is the owner of the said vehicle.

6. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the FIR, the petitioner is made accused in the

Patna High Court CR. MISC. No.35143 of 2023(2) dt.28-07-2023 2/2 present case on the basis of confessional statement of driver Madan Kumar. Learned counsel for the petitioner has produced a photocopy of the receipt in the Court, in which it is mentioned that the said 70 plastic bags i.e. 35 quintal of rice was purchased by M/S Modi Stores, Jharkhand on 18.10.2022. He further submits that there is no requirement of license for it. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

7. Learned APP for the State opposes prayer for anticipatory bail.

8. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kahalgaon (Rasulpur) P.S. Case No. 1112 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T