Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53859 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== ABHISHEK KUMAR, Son of Ambika Singh, Resident of Gram- Kanchanpur Anchal, P.S. Barun, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

:

Mr. Mithlesh Kumar Gupta, Advocate :

Mr. Kumar Rajdeep, Advocate :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehend his arrest in connection with Muffasil Aurangabad P.S. Case No. 32 of 2022, registered for the offences punishable under Sections 420, 379, 414 of the Indian Penal Code and 7 E.C. Act and 23 of Petroleum Act 134.

3. As per allegation, the accused persons were engaged in illegal trade of diesel. On raid, several syntax tanks containing huge quantity of diesel were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He is a person of clean antecedent. As a matter of fact, the recovered substance was not diesel but was a thinner used in painting and the

Patna High Court CR. MISC. No.53859 of 2023(3) dt.08-11-2023 2/2 petitioner is a bona fide purchaser of the thinner. The receipt of purchase has been annexed. Learned counsel has submitted that due to some ulterior motive, 17 persons have been made accused.

5. On the other hand, learned APP, Mr. J.N. Thakur, has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, Bihar in connection with Muffasil P.S. Case No. 32 of 2022, subject to the conditions as laid down under Section 438(2) CrPC.

7. After accepting the bail bond, the criminal antecedent of the petitioner shall be verified. The petitioner shall remain physically present in the Court below on each and every date, till framing of the charges.

(Nawneet Kumar Pandey, J) jyoti/Sonali/- U T