Ashok Kumar @ Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2187 of 2021 Arising Out of PS. Case No.-289 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== Ashok Kumar @ Satyendra Kumar son of Late Laljee Prasad R/o VillageManjhauli, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

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

It is alleged that on secret information, one auto-rickshaw was intercepted and eight quintals of rice

Patna High Court CR. MISC. No.2187 of 2021(2) dt.15-11-2021 2/3 which belongs to the B.S.F.C were seized. The driver and one labour were thereafter apprehended who disclosed the name of the petitioner as a person from whose shop the seized foodgrains were being brought for selling it in the black-market.

It is submitted by learned counsel for the petitioner that petitioner is not a PDS dealer and he has no concern with the seized article or the auto-rickshaw. It is further submitted that due to village politics, the petitioner has been implicated in the present case. Moreover, the PDS dealer has been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 27.01.2021 passed in Cr. Misc. No. 30003 of 2020.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.2187 of 2021(2) dt.15-11-2021 3/3 with two sureties of the like amount each to the satisfaction of learned Sub-Judge-IX-cum-A.C.J.M, Patna in connection with Phulwarisharif P.S. Case No. 289 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T