Amar Poddar @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53096 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- PRATAPGANJ District- Supaul ====================================================== AMAR PODDAR @ AMAR KUMAR S/o SURESH PODDAR Resident of village - Basantpur, P.S. - Birpur, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-08-2023

1. Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Pratapganj P.S. Case No. 30 of 2023, registered for the offences punishable under Section 7 of the Essential Commodity Act.

3. As per allegation, the informant having got a secret information, conducted a raid and one pick-up vehicle, bearing registration no. BR-50GA1150, was intercepted. Upon search, 60 bags of fertilizer were recovered from that vehicle. The owner of the vehicle along with the petitioner and one Bablu Mandal were involved in black marketing of fertilizer.

4. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.53096 of 2023(2) dt.19-08-2023 2/2 submitted that he is a person of clean antecedent. He is neither arrested at the spot nor any incriminating material was recovered from his possession. His name has figured only on the basis of confessional statement of co-accused.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances as well as clean antecedent of the petitioner, 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 S.D.J.M., Birpur, Supaul in connection with Pratapganj P.S. Case No. 30 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Kundan/Sudha U T