Sunil Kumar @ Suiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56325 of 2021 Arising Out of PS. Case No.-143 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== Sunil Kumar @ Suiya, aged about 29 years, Male Son of Surendra Sharma, Resident of Village - Hadaspura P.S. - Naubatpur District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurabh Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-02-2022 Heard the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Naubatpur P.S. Case No. 143 of 2021 instituted for the offences punishable under Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that the petitioner is the owner of the market and in one of the shops wherein, which are all on rent, seven cylinders were recovered. Merely, the petitioner is the owner, he cannot be said to be involved in the crime.

Considering the aforesaid aspects, having noticed that the petitioner role is not found in the alleged act, I am inclined to allow the petitioner on bail, in the event of arrest he

Patna High Court CR. MISC. No.56325 of 2021(2) dt.25-02-2022 2/3 shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, which are as under:-

1. The petitioner, above named shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer;

2. The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required;

3. The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

4. The petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

5. The petitioner shall not leave the territory of Patna, without prior permission of the Court, till trial is over;

6. The petitioner shall maintain law and order;

7. The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not

Patna High Court CR. MISC. No.56325 of 2021(2) dt.25-02-2022 3/3 change the residence till the final disposal of the case;

8. The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

9.The petitioner shall regularly remain present during the trial, and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Anand Kr.

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