Noor Mohammad @ Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40896 of 2020 Arising Out of PS. Case No.-70 Year-2020 Thana- DIGHALBANK District- Kishanganj ====================================================== NOOR MOHAMMAD @ NOOR ALAM son of Hamidur Rahman Resident of Village- Bhurlibhita (Padampur), P.S.- Garbhandenga, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2021 Heard the learned counsel for the petitioner and Sri Nityanand, the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Dighalbank PS case no. 70 of 2020 registered for the offences punishable under Section 7 of Essential Commodities Act.

The allegation is regarding the police having apprehended two vehicles loaded with bags of Urea and upon interrogation of the driver, he disclosed that the Urea had been loaded by the petitioner herein and Urea was to be taken to Dubri Chowk, PS-Dighalbank.

The learned counsel for the petitioner has submitted that merely on the confessional statement of the driver, the petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.40896 of 2020(2) dt.22-11-2021 2/3 case, although he is neither the owner of the vehicle in question nor the Urea belongs to him. It is further submitted that the petitioner is having a clean antecedent.

Per contra, the learned APP for the State has vehemently opposed the prayer of bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also taking into account the fact that the petitioner is having a clean antecedent, his name has transpired in the present case merely upon disclosure made by the driver of the vehicle in question, apart from the fact that the petitioner is neither the owner of the vehicle in question nor the Urea belongs to him, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Kishanganj in connection with Dighalbank PS

Patna High Court CR. MISC. No.40896 of 2020(2) dt.22-11-2021 3/3 case no. 70 of 2020 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T