Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46239 of 2022 Arising Out of PS. Case No.-16 Year-2019 Thana- BARARI District- Katihar ====================================================== AMIT KUMAR SINGH Son of Daya Shankar Singh Resident of Village - Sakraili, P.O. Semapur, P.S. Barari, District - Katihar (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Barari P.S. Case No.16 of 2019 instituted under Sections 7 of Essential Commodity Act.

As per the prosecution story, the local villagers chased and intercepted a vehicle loaded with food grains and when the driver was inquired, he informed that it has been loaded from the godown of Om Prakash Sah. Accordingly, the truck was seized and FIR was lodged.

The petitioner is the owner of the seized vehicle. Learned counsel for the petitioner submits that although the pickup van belongs to him, it was given on lease to the father of the driver. However, although he concedes that nothing of that has been incorporated in the present petition. It is his last submission that before the sub-ordinate court, he attempted twice for anticipatory bail

Patna High Court CR. MISC. No.46239 of 2022(2) dt.02-01-2023 2/2 but could not succeed and in the process three years have lapsed and now he is preferring the anticipatory bail. He further intends to deposit Rs.25,000/- to the Bihar State Legal Services Committee through Bank Draft issued by the State Bank of India Branch irrespective of the outcome of the present petition. Taking into account the fact that the grains were alleged to have been loaded from the godown of Om Prakash Sah, the said Om Prakash Sah has been granted bail as has been submitted by the learned counsel for the petitioner as also the driver of the vehicle who was arrested from the spot, this Court is inclined to grant him relief, subject to payment of Rs.25,000/- as undertaken above.

Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Barari P.S. Case No.16 of 2019 to the satisfaction of learned Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.