Bijendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38162 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Bijendra Choudhary, son of Deo Narain Choudhary, resident of Triveniganj, Police Station- Triveniganj, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-09-2016 Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Triveniganj P.S. Case No.140 of 2016 registered for the offence under Section 7 of the Essential Commodities Act, has prayed for grant of bail, in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that on going through the F.I.R. itself, it is evident that the petitioner was accompanying the driver of the vehicle, who was apprehended with the vehicle containing several bags of rice. He submits that even the informant, who is Block Supply Officercum-Circle Officer, has only raised suspicion regarding recovery of 68 bags containing rice. It has been argued that the petitioner

Patna High Court Cr.Misc. No.38162 of 2016 (2) dt.14-09-2016 2/2 was not apprehended and his name has come only on the statement of the driver of the vehicle. On the aforesaid ground, a prayer has been made to extend the privilege of anticipatory bail to the petitioner.

However, after going through the materials on record, particularly the F.I.R., I do not find any ground to extend the privilege of anticipatory bail.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T