Raju @ Rajkumar Ravidas @ Raju Kumar @ Raju Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52827 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== RAJU @ RAJKUMAR RAVIDAS @ RAJU KUMAR @ RAJU KUMAR DAS, Son of Pushti Lal Das Resident of Village - Jhangidighi, P.S.- Khochadhaman, Distt.- Kishanganj. At Present H/o Lalbabu Keshri at Gurhatta Chowk Patna City , P.S.- Khajekalan, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. . The petitioner seeks bail in connection with Shastri Nagar P.S. Case No. 187 of 2021, instituted for the offences under Sections 417, 418, 419, 420, 120B of the Indian Penal Code and Section 27, (b ii) Drugs & Cosmetic Act, 2008.
The learned counsel for the petitioner submits that the petitioner is in custody since 14.05.2021, he is a person with clean antecedent, charge-sheet has been submitted and the allegation in the FIR is of black-marketing of oxygen during the pandemic. The learned counsel for the petitioner submits that the informant (Special Executive Magistrate) District Control Room, Patna, alleges that a team was constituted on information that blackmarket of Oxygen gas cylinder is being carried and accordingly one Dr. Abdul Wafa was caught who disclosed that he took oxygen
Patna High Court CR. MISC. No.52827 of 2021(2) dt.09-02-2022 2/2 cylinder through one Dhupendra with whom this petitioner worked as driver.
The learned counsel for the petitioner submits that petitioner has been falsely implicated in as much as he was merely a driver and he had all the requisite documents regarding the oxygen cylinder but when asked to produce at that time, he could not produce the same.
The learned A.P.P. vehemently opposes the bail application and submits that it appears that the documents were subsequently manufactured or else if the document would have been there then the petitioner would have shown the document to the Authority. Learned APP further submits that the oxygen which have been provided by the nature in plenty was made scarce when it was required artificially for saving human life, because of person like petitioner. Considering the submissions of the learned APP for the State, the Court is not inclined to grant bail to the petitioner, therefore, the prayer for bail of this petitioner is rejected. sanjeev/- (Satyavrat Verma, J) U T