Uday Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49931 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- TEKARI District- Gaya ====================================================== Uday Paswan Son Of Late Narayan Paswan Resident Of Village- Parariya, Ps- Tekari, (Panchanpur Op), Dist- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Tekari (Panchanpur O.P.) P.S. Case No. 103 of 2022 registered for the offences punishable under Section 7 of the Essential Commodities Act pending in the Court of learned Additional Chief Judicial Magistrate-VI, Gaya.

3. Allegation against the petitioner is that he had committed black marketing with respect to 557 Sack of wheat and 118 Sack of rice supplied to him by the Government for public distribution system.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.49931 of 2023(3) dt.31-10-2023 2/2 case. Petitioner has no criminal antecedent as mentioned in para-3 of the bail application. He further submits that petitioner has submitted an application to the concerned authority regarding non supply of food grains for the month of May and June but the delivery has not given to the petitioner.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that there is direct allegation against the petitioner.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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