Nipendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54859 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Nipendra Choudhary, Son of Ram Kishore Choudhary, resident of village - Tajpur, P.S. - Bhagwanpur, District - Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/s. Mritunjay Kumar and Praveen Kumar, Advocates.

For the Opposite Party : Mr. Satya Nand Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bibhutipur P.S. Case No. 11 of 2016 for the offences instituted under Section 7 of the E.C. Act.

The prosecution story, in brief, is that the informant recovered subsidy gas cylinder which was being used instead of commercial gas cylinder from Anand Vihar Hotel which belongs to the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.54859 of 2016 (2) dt.22-12-2016 2/2 petitioner. He has been made accused in the present case due to mistake of fact. As far as the recovery of one subsidy cooking gas cylinder is concerned, the petitioner has got no concern with the same.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Bibhutipur P.S. Case No. 11/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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