Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50663 of 2024 Arising Out of PS. Case No.-766 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Sanjay Kumar Son of Ruplal Mahato R/V- Jamuniya, P.S.- Ghorasahan ( Jharaukhar), Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with Turkauliya (Banjariya) P.S. Case No. 766 of 2022 registered under Sections 7/7(i)(a)(i)/7(I)(a)(II) of the Essential Commodities Act, 1955.
3. As per F.I.R., petitioner is alleged to be driver of the tractor from which 125 bags of Chand Urea were recovered.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case merely on suspicion. It is further submitted that the name of the petitioner has come only because petitioner happens to be the driver of the seized tractor. The duty
Patna High Court CR. MISC. No.50663 of 2024(2) dt.19-07-2024 2/2 of the petitioner is to simply carry goods to the destination as per instruction of the owner. Petitioner being driver was not aware of nature of goods. Petitioner has got clean antecedent.
5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 766 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T