Lalbabu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46987 of 2022 Arising Out of PS. Case No.-203 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== LALBABU PRASAD S/o Ram Kumar Prasad Resident of Village - Maulaniya, P.S.- Chanpatiya (Sirisiya O.P.), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 7 of the E.C. Act. The allegation against the petitioner is that he sold the government supplies in the black market.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further

Patna High Court CR. MISC. No.46987 of 2022(2) dt.06-12-2022 2/3 submits that the petitioner gave an explanation before the SDO, Bettiah Sadar stating that the foodgrain found over the seized moped was duly supplied to the consumers attached with the shop of the petitioner. The petitioner has further stated that on 29.04.2022 the co-villagers demanded foodgrain from the son of the petitioner in an illegal manner and they damaged the POS machine and charger and took away Rs.3000/- from his shop. He further submits that the godown of the petitioner is in two parts and only one part of the godown was verified. The remaining food grain is still lying in the other part of the godown of the petitioner. He further submits that the license of the petitioner has already been cancelled by the concerned authorities. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as the license of the petitioner has already been suspended, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.46987 of 2022(2) dt.06-12-2022 3/3 below where the case is pending/Successor Court in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No.203 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T