Bharat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46913 of 2019 Arising Out of PS. Case No.-621 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Bharat Paswan, Son of Musafir Paswan, Resident of Village-Amarpura, P.S.- Amarpura, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 621 of 2018, registered under Section 7 of the Essential Commodities Act, pending in the court of A.C.J.M.-II, Danapur, Patna.

The petitioner preferred Criminal Misc. No. 22722 of 2019 under Section 438 of the Code of Criminal Procedure for pre-arrest bail in connection with Naubatpur P.S. Case No. 621 of 2018 and on hearing, the petitioner was allowed provisional pre-arrest bail vide order dated 09.04.2019 with direction to the petitioner to produce stock register before the court below within a period of four weeks. The provisional bail

Patna High Court CR. MISC. No.46913 of 2019(2) dt.31-07-2019 2/2 shall be confirmed if the stock found at the PDS shop of the petitioner is reflected in the stock register. If the petitioner fails to produce his stock register and the stock of his PDS shop is not reflected in the stock register, the provisional bail shall stand cancelled. Thereafter, petitioner was released provisionally on bail but after production of stock register, the application of petitioner to confirm the provisional bail was rejected by the learned ACJM-II, Danapur, Patna due to cutting in stock register on 10.05.2019.

Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) Bhardwaj/- U T