Kasamdeen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38267 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- PIPRA District- Supaul ====================================================== KASAMDEEN SON OF NOOR MOHAMMAD RESIDENT OF WARISPUR PS RAMGARH DISTRICT ARWAR RAJASTHAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 7 of E.C. Act. 3.

Altogether 65 quintal of subsidized Arwa Rice is said to have been recovered from the truck of the petitioner. Also, 20.05 quintal rice was recovered from the godown of one Sanjay Choudhary.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is said to be the owner and driver of the seized truck and it is alleged that he fled away from the spot on seeing the police but the real fact

Patna High Court CR. MISC. No.38267 of 2023(2) dt.01-08-2023 2/2 is that the said truck has been engaged by co-accused Raushan Kumar for carrying the rice. The petitioner used to run transportation business and that is the reason his truck was engaged for transportation of rice by Suman Trading. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since petitioner is not a PDS dealer, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Pipra P.S. Case No.341/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T