Rohit Roy@Rohit Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36082 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

Rohit Roy@Rohit Kumar Ray Son Of Bhola Ray R/O- Vill-Gadi Simariya P.S-Chakai, Dist.- Jamui 2.

Vikash Roy@ Vikash Kumar Ray Son Of Bholaray R/O- Vill-Gadi Simariya P.S-Chakai, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 419, 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Learned counsel for the petitioners seeks permission to withdraw the petition with respect to petitioner No. 2 namely Vikash Roy @ Vikash Kumar Ray since he has been arrested.

Permission is accorded.

Patna High Court CR. MISC. No.36082 of 2022(2) dt.01-12-2022 2/3 Accordingly, the petition is dismissed as withdrawn with regard to petitioner No. 2.

The prosecution case as per F.I.R is that the informant raided the godown and recovered 7 drums impure petrol and diesel which was prepared by chemical and kerosene oil to sell in open market.

It is submitted by learned counsel for the petitioner No. 1 that petitioner petitioner is innocent and he has falsely been implicated in this case. The petitioner is neither PDS dealer, nor anything has been recovered from the conscious possession of the petitioner, nor the recovery has been made from the house or godown of the petitioner, rather the same was recovered from the godown of co-accused Pawan Sah. The petitioner has no concern with the seized articles or the place of seizure.

In the facts and circumstance of the case, let the petitioner No. 1, above named, in the event of his arrest or surrender before the Court below within a

Patna High Court CR. MISC. No.36082 of 2022(2) dt.01-12-2022 3/3 period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Chandramandih P.S. Case No. 72 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T