Zamil Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35802 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Zamil Ahmad, Son of Akhtar Ahmad, Resident of Village - Sundarban Rahman Nagar, House No.7, P.S.- Kamru, Dist.- Hathigaon (Assam) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-06-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Sadar P.S. Case No.146 of 2019 for the offence punishable under Section 420 of IPC and Section 7 of the Essential Commodities Act.

The allegation against the petitioner in the FIR lodged on the written report of Block Supply Officer is that the petitioner is the owner of the truck bearing registration No.AS01JC/2186 which was indulged in black marketing of rice in the godown campus of Mohan Kumar Kedia.

Learned counsel for the petitioner submitted that he is not named in the FIR and at the time of raid, he was not present at the spot. The truck was taken on hire by Manoj

Patna High Court CR. MISC. No.35802 of 2019(2) dt.04-06-2019 2/2 Kumar Gupta who was running the godown and the petitioner who is owner of the truck is not concerned of the business of rice and foodgrains.

After having heard learned counsel for the petitioner as well as learned counsel for the State and after perusal of the materials on record, it is evident that the only on the basis of the fact that the petitioner is the owner of the truck, he has been implicated in the present case. Accordingly, I am inclined to grant anticipatory bail to the petitioner. The petitioner is directed to surrender before the Court below within a period of four weeks and in the event of his surrender, he shall be enlarged on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Purnea, subject to the condition as laid down under Section 438 (2) Cr. P.C.

(Anil Kumar Sinha, J) sanjeev/- U T