Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42650 of 2019 Arising Out of PS. Case No.-255 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Sanjay Kumar, Son of Mahesh Prasad @ Mahesh Saw, Resident of Village - Chandisthan, P.S.- Amas, District- Gaya 2.

Md. Bakhtiyar Khan @ Md. Bakhteyar Khan, Son of Wakil Khan, Resident of Village - Shahdeo Khap, P.S.- M.U. Bodh Gaya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. D. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2019 This is an application for grant of anticipatory bail in connection with Chandauti P.S. Case No. 255 of 2018, disclosing offences under Sections 420, 406, 120B, 34 of IPC and Section 7 of Essential Commodities Act, 1955. Prosecution story is that S.D.O., Gaya has received an information that wheat and rice of the Government are being unloaded by different trucks at Laxmi Rice Mill and on that, he conducted raid and intercepted two trucks loaded with rice of the Food Corporation of India and petitioners happens to be the owners of the trucks.

Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case. They are not owner of the trucks and there is no any material available on

Patna High Court CR. MISC. No.42650 of 2019(2) dt.10-07-2019 2/2 record to show that they have unloaded the rice and wheat. Further submission is that they are ready to abide by any condition imposed upon them.

Heard learned A.P.P. also.

Having heard both sides, considering the above submissions, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Chandauti P.S. Case No. 255 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that they have to co-operate in the investigation and to appear before the I.O. as and when required.

(Vinod Kumar Sinha, J) sunil shukla/- U T