Sharvan Kumar @ Sarwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39932 of 2022 Arising Out of PS. Case No.-21 Year-2019 Thana- PARASBIGHA District- Jehanabad ====================================================== Sharvan Kumar @ Sarwan Kumar S/O Rajdev Prasad resident of villagekurhari, p.s.- Shakurabad, District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the State :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Parasbigha P.S. Case No. 21 of 2019 registered for the offence under Section 7 of the E.C. Act, 1955.

The accused/petitioner is named in the F.I.R. and is in custody since 09.05.2022.

The allegation against the petitioner is to involve in black marketing of grains, which is the subject matter of PDS, alongwith other co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not the owner of the PDS shop. It is

Patna High Court CR. MISC. No.39932 of 2022(2) dt.04-11-2022 2/2 submitted that petitioner is the driver of the tractor from where a total of 85.46 quintals of grains were recovered, which is not the subject matter of Public Distribution System (PDS). While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation in this case is complete, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as petitioner is the driver of the tractor and is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Parasbigha P.S. Case No. 21 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- Archana/- U T