Patna High CourtCR. MISC./44883/2023allowed

Rajendra Prasad Paswan v. The State Of Bihar

2023-09-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44883 of 2023 Arising Out of PS. Case No.-130 Year-2020 Thana- RAJPUR District- Buxar ====================================================== RAJENDRA PRASAD PASWAN son of Late Hari Narayan Paswan VillageRasen Ps- Rajpur Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act pending in the learned court below.

3. As per the prosecution case, allegation on petitioner is that he is selling subsidized food grain in market and tractor load with food grain seized by the concern authorities.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner was enjoyed the benefit of Section 41 (A) Cr.P.C. He submits that the license of the petitioner was cancelled by the SDM order, which was later set aside by the D.M's order. He further submits that the S.D.O. Buxar has renewed the license of the petitioner. He submits that

Patna High Court CR. MISC. No.44883 of 2023(3) dt.19-09-2023 2/2 petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Rajpur P.S. Case No.130/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T