Dharmveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34901 of 2020 Arising Out of PS. Case No.-351 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Dharmveer Kumar S/o Narayan Poddar R/o village- Mordiwa, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Ms.Anu Priyadarshni, Adv.

For the Opposite Party/s :

Mrs.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2021 Heard the learned counsel for the petitioner and Smt. Anita Kumari Singh, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 351 of 2020 for the offence punishable under Sections 341, 323,307, 353, 354, 504, 506, 120B, 414 of the Indian Penal Code and 7 E.C. Act.

The allegation is regarding the informant and others having conducted a raid at the godown of the petitioner where the rice bags were being unloaded from a pick-up van and were being kept in the godown of the petitioner and upon search and enquiry, the rice bags were found to be bearing the mark of SFC. It is alleged that 160 bags of rice were recovered from the spot. The learned Senior counsel, Shri Yogesh Chandra Verma for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in

Patna High Court CR. MISC. No.34901 of 2020(2) dt.25-01-2021 2/2 custody since 20.08.2020. The learned Senior counsel for the petitioner has further submitted the petitioner had in fact purchased the said rice from market and the same was not being used for blackmarketing. It is further submitted that the allegation of blackmarketing of rice is false and the petitioner has been falsely roped in the present case due to local politics.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties as also considering the fact that the petitioner has averred that the rice in question had been purchased from the market and was not being used for the purpose of black-marketing, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.- V, Samastipur/ concerned court in connection with Muffasil P.S. Case No. 351 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T