Ranjeet Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36407 of 2020 Arising Out of PS. Case No.-111 Year-2020 Thana- PIYAR District- Muzaffarpur ====================================================== RANJEET THAKUR SON OF LATE UMESH NARAYAN THAKUR, RESIDENT OF VILLAGE - PATSARA, P.S. - PIAR HATHA O.P., DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2021 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Piar (Hatha O.P.) P.S. Case No.111 of 2020 registered under Sections 3 and 7 of the Essential Commodities Act.

The informant on the basis of information received from the villagers intercepted an auto rickshaw bearing Registration No.BR 07P 9260 near Patsara High School. One drum containing 220 litres of kerosene oil was loaded on the auto rickshaw. The villagers Chunchun Mahto, Mukesh Ram and Pappu Poddar presented the application stating that kerosene oil belongs to Patsara PACS and the petitioner is the Chairman of Patsara PACS.

Learned counsel for the petitioner submits that there is nothing to show that the seized kerosene oil belongs to Patsara PACS. The stock register of Patsara PACS is attached with the

Patna High Court CR. MISC. No.36407 of 2020(3) dt.23-06-2021 2/2 bail petition and no deficiency is found. The stock register and the godown of Patsara PACS were not checked. On mere assertion of the villagers, the petitioner has been made accused in the case.

From perusal of the record, it appears that save and except the fact that the villagers disclosed that the seized kerosene oil belongs to Patsara PACS, there is nothing on record to show that the petitioner was carrying kerosene oil for black marketing, even the stock register and the godown of Patsara PACS were not checked and no deficiency was found. Having considered the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Piar (Hatha O.P.) P.S. Case No.111 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T