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Patna High CourtCR. MISC./47267/2019bail granted

Bipin Jha v. The State Of Bihar

2019-07-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47267 of 2019 Arising Out of PS. Case No.-558 Year-2017 Thana- KISHANGANJ District- Kishanganj ====================================================== BIPIN JHA, Son of Bhawash Jha @ Widesh Jha, aged about 50 years, Male, Resident of Mohalla - Rifujee Colony, P.S.- Saharsa, Dist.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-07-2019 Heard both sides.

The petitioner apprehends his arrest in Kishanganj P.S. Case No.558 of 2017 registered under Section 7 of E.C. Act.

The informant, Block Supply Officer, intercepted a 407 truck bearing registration no.BR 19F-9991 and seized 120 bags weighing 60 quintals subsidized rice. Md. Rizwan Alam, the driver-cum-owner was carrying the rice on his truck. The learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner surfaced in the case during the course of investigation that the petitioner had purchased the aforesaid vehicle from Sriram Finance but due to non-payment of installment, Sriram Finance seized the vehicle of the petitioner but without taking

Patna High Court CR. MISC. No.47267 of 2019(2) dt.30-07-2019 2/2 permission, Sriram Finance transferred the vehicle to Md. Rizwan. Since the owner book of the vehicle was standing in the name of the petitioner, petitioner has been made accused in the case.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No.558 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T