← Library
Patna High CourtCR. MISC./37730/2022allowed

Birendra Ram @ Virendra Ram v. The State Of Bihar

2022-11-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37730 of 2022 Arising Out of PS. Case No.-167 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== BIRENDRA RAM @ VIRENDRA RAM Son of Mohit Ram Resident of village - Madhopur Hazari, P.S.- Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41292 of 2022 Arising Out of PS. Case No.-167 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== MUSMAT KEWALI DEVI@ KEWALI DEVI W/O LATE BADRI RAI Resident of village- Panchayat- Madhopur Hajari Licece No.- 23010063/2016, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 37730 of 2022) For the Petitioner/s :

Mr. Vijay Kumar Singh For the Opposite Party/s :

Mr. Parmeshwar Mehta (In CRIMINAL MISCELLANEOUS No. 41292 of 2022) For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioners as well as learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.37730 of 2022(2) dt.24-11-2022 2/3 for the offence punishable under section 420 of the Indian Penal Code and section 7 of the Essential Commodities Act. Allegedly, the petitioners sold government supplies in the black market.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioners. There is no witness against the petitioners to support the prosecution case. He further submits that the PDS license of the petitioners has been cancelled by the concerned authorities. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.37730 of 2022(2) dt.24-11-2022 3/3 Sahebganj P.S. Case No.167 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T