Md. Gulab @ Kasif Quamar @ Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9972 of 2021 Arising Out of PS. Case No.-18 Year-2018 Thana- SUKHANI District- Kishanganj ====================================================== MD. GULAB @ KASIF QUAMAR @ GULAB Son of Md. Kuiyum Resident of Village - Bhagwanpur Balrgachhi, P.S.- Jokihat, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 413, 414 of the Indian Penal Code and 7 of Essential Commodities Act.

The prosecution case in short is that 129.5 quintals of wheat with F.C.I. mark is seized in this case. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake

Patna High Court CR. MISC. No.9972 of 2021(2) dt.21-12-2021 2/2 of fact. The name of the petitioner has transpired merely on the ground that the recovered wheat bags had a mark of F.C.I. It is further submitted on behalf of the petitioner that such bags are used as recycled bags by the farmers. From perusal of the entire prosecution case, it appears that it is not the case that any of the F.C.I. godown have a shortage of the wheat which is alleged to have been recovered from the truck in question. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Kishanganj in connection with Sukhani P.S. Case No. 18 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T