Rajesh Prasad @ Rajesh Kumar Barnwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61821 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- JADOPUR District- Gopalganj ====================================================== RAJESH PRASAD @ RAJESH KUMAR BARNWAL Son of Kamal Prasad Resident of Village - Jadopur Bazar, P.S.- Jadopur, Distt.- Gopalganj ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh For the Opposite Party/s :
Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jadopur P.S. Case no. 90 of 2021 instituted for the offence under Sections 420 and 409 of the Indian Penal Code. As per allegation in the FIR, petitioner has sold 96 bags of Urea fertilizer against single Adhar-Card of his son. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has sold fertilizer to various farmers against the Adhar-Card of his son, which does not show that petitioner has sold the said fertilizer in high price. Villagers have not given any complaint against the
Patna High Court CR. MISC. No.61821 of 2021(3) dt.22-08-2022 2/2 petitioner. Only at the instance of higher officials, the present case has been lodged.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jadopur P.S. Case no. 90 of 2021, he will be enlarged 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 learned Judicial Magistrate 1st class, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U