Akhilesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3093 of 2021 Arising Out of PS. Case No.-266 Year-2020 Thana- PARSA District- Saran ====================================================== AKHILESH PRASAD SINGH, aged about 56 years (M), S/o Yadu Nandan Singh, R/o Village- Vishunpura, P.S.- Parsa, District- Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Sharma, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Section 7 of the E.C. Act. The prosecution story, in brief, is that the petitioner had kept 460 liters Kerosene Oil in a bush for black-market. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.3093 of 2021(2) dt.20-07-2021 2/3 against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is a P.D.S. dealer. The allegation of black marketing of 460 liters of Kerosene Oil is denied by the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand) only in the learned court below which shall be subject to final result of the case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner is directed to deposit an amount of Rs.

25,000/- (Rupees Twenty Five Thousand) only in the learned court below which shall be subject to final result of the case. On doing so, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned S.D.J.M. Saran at Chapra, in connection with Parsa P.S. Case No. 266/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only

Patna High Court CR. MISC. No.3093 of 2021(2) dt.20-07-2021 3/3 with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T