Chunnu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33533 of 2025 Arising Out of PS. Case No.-165 Year-2022 Thana- PRATAPGANJ District- Supaul ====================================================== Chunnu Kumar Singh S/o Rana Prasad Singh R/o Vill- Bajraha, P.S.- Dhamdaha, Dist- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-05-2025 Heard Mr. Murari Narain Chaudhary, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Pratapganj P.S. Case No. 165 of 2022, F.I.R. dated 03.09.2022 for the offences punishable under Section 7 of the Essentials Commodities Act.
3. As per the First Information Report, on secret information police conducted raid over a truck bearing registration no. NL-01G5701 and the driver was apprehended. It was found that urea was loaded over the truck but the tax invoice details contained the name of M/S Agro Chemical Fertilizer Limited, Kishanganj and the article mentioned as Mansuri Rice 25 MT. The driver further disclosed that one Sonu Kumar has asked him to run
Patna High Court CR. MISC. No.33533 of 2025(2) dt.21-05-2025 2/3 the aforesaid truck on daily wages and to remain in contact of the mobile holders of 8877779116 and 9341198320, from whom he will get the information regarding unloading of goods. One of the mobile number was of the petitioner.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of call details of the driver which suggest that petitioner was in touch with the vehicle in question. As per allegation in the FIR, 600 bags of urea were recovered from the truck and infact the mobile number 9341198320 is not in the name of the petitioner rather it was running in the name of Nisha Devi, wife of the petitioner.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and his transpired on the basis of call details of the co-accused person, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Birpur (Supaul) in connection with Pratapganj P.S. Case No. 165 of 2022, subject to the
Patna High Court CR. MISC. No.33533 of 2025(2) dt.21-05-2025 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T