Shahbaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33258 of 2020 Arising Out of PS. Case No.-280 Year-2020 Thana- JOKIHAT District- Araria ====================================================== SHAHBAJ son of Anwarul Resident of Village-Majgawn, Ward No.- 5, P.S.- Mahalgaon, District- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 7 of Essential Commodities Act. Allegedly, Arwa rice in 58 bags and wheat in two bags were found stitched manually which was said to be purchased from PDS dealer and the same was being illegally transported for black marketing.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.33258 of 2020(2) dt.25-02-2021 2/2 petitioner has been made accused in the present case due to mistake of fact. The petitioner is not named in the FIR. His name transpired in course of investigation as the petitioner is said to be owner of the vehicle. The petitioner had no concern with the loaded foodgrains.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 280 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T