Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36563 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== ASHOK SAH, Male aged about 42 years, Son of Sri Tanik Lal Sah Resident of Mohalla - Refugee Colony, P.S.- and District- Saharsa ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Saharsa Sadar P.S. Case No. 77 of 2019 registered under Sections 406, 420, 34 of the Indian Penal Code and Sections 103 & 104 of Trade mark Act, 1999. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case under an impression that the godown where 500 bags of duplicate rice were allegedly loaded belongs to the petitioner, whereas in course of investigation, it has come that the said godown is owned by one Manoj Yadav son of Rajendra Yadav. Learned counsel submits that thrust of the allegations in the F.I.R. is against the rice dealer namely Narayan Bhagat who has been granted privilege of anticipatory bail by learned coordinate

Patna High Court CR. MISC. No.36563 of 2019(2) dt.12-06-2019 2/2 Bench of this court vide order dated 29.04.2019 in Cr. Misc. No. 27356/2019.

Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case particularly the submission that the petitioner does not own the godown from where the duplicate rice has been recovered and that he has no criminal antecedent as also that the rice dealer has been granted privilege of anticipatory bail by learned coordinate Bench of this court, in the event of his arrest/surrender before the court below within a period of four weeks, let the abovenamed petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 77 of 2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T