Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.221 of 2021 Arising Out of PS. Case No.-378 Year-2019 Thana- JOKIHAT District- Araria ====================================================== MD. NOOR ALAM Son of Md. Anwarul Haque Resident of VillageFarsadangi, Ward No.01, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Section 7 of the Essential Commodities Act, 1955.

Allegedly, 43 bags of P.D.S. rice was being transported by pick up Van bearing registration No. B.R. 11F/5755 for the purpose of black marketing.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.221 of 2021(2) dt.26-11-2021 2/2 petitioner has been falsely implicated in the present case. 29 quintals and 12 quintals of rice is said to have been recovered from the pick up Van. The name of the petitioner has transpired in this case on the basis of disclosure made by driver of the said pick up Van. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned learned Sub Divisional Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 378 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T