Bibhawchand Prasad @ Vibhawchal Singh @ Vindhyachal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7790 of 2018 Arising Out of PS. Case No.-194 Year-2017 Thana- KHAIRA District- Saran ====================================================== Bibhawchand Prasad @ Vibhawchal Singh @ Vindhyachal Singh S/o Kapildeo Prasad, R/o Mahuwara Patti, P.S.- Marhowrah, District- Saran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Raghav Prasad, Advocate For the Opposite Party/ :
Mr. Madhura Nand Jha (APP-102) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner apprehends his arrest in connection with Khaira (Nagra) P.S. Case No. 194 of 2017, registered for the offence punishable under Section 7 of the E.C.Act. Allegedly, co-accused Rajesh Sah was apprehended with Mahindra Jeep loaded with 30 bags of wheat each containing 50 Kgs. and that Rajesh Sah disclosed the name of the petitioner that he has purchased the same from the P.D.S. shop of the petitioner but at the time of raid the petitioner succeeded in fleeing away.
Submission is of false implication and that the name of the petitioner has come in the disclosure made by the
Patna High Court Cr.Misc. No.7790 of 2018(2) dt.20-02-2018 2/2 co-accused, besides that there is no legal and tangible materiel against the petitioner. The petitioner has got no criminal antecedent. Rajesh Sah who was caught has already been allowed regular bail by the learned Court below itself and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on 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., Saran at Chapra, in connection with Khaira (Nagra) P.S. Case No. 194 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. Rajiv/- (Jitendra Mohan Sharma, J.) U T