Krishna Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39839 of 2023 Arising Out of PS. Case No.-127 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== KRISHNA MURARI S/O SURAJ RAI R/O VILLAGE- MAHNI STHAN, RAMPUR SHYAMCHAND, PS. RAGHOPUR, DIST. VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP.

For BSFC :

Mr. Shailendra Kumar Singh, Adv.

Mr. Utkarsh Utpal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 of the Indian Penal Code and 7 of the E.C. Act.

3. As per the FIR, when the seized trucks were measured on the weighing machine, 3.70 quintals foodgrains was found less on truck No. HR55J-5886, 8.64 quintals was found short on truck No. HR55J 7167 and lastly 19.05 quintals was found excess on truck No. HR55 8283.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is the representative of Transport-cum-Handling

Patna High Court CR. MISC. No.39839 of 2023(4) dt.19-09-2023 2/2 Agent. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for BSFC oppose the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific allegation against the petitioner, 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 Bidupur P.S. Case No. 127 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T