Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54771 of 2022 Arising Out of PS. Case No.-253 Year-2022 Thana- KOTWALI District- Munger ====================================================== Mukesh Kumar Son Of Late Birendra Prasad Resident Of Mohalla- Nimtalla, P.S- Kotwali, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the informant in horridly manner inspected the godown and over looked the 11 bags of rice during physical verification which was kept under the empty bags in

Patna High Court CR. MISC. No.54771 of 2022(2) dt.15-12-2022 2/2 the side of the godown. He submits that mother of the petitioner running PDS shop from last 30 years without any complaint. He submits that after institution of the present case, the license of the PDS dealer has already canceled. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kotwali P.S. Case No. 253 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) guddukr/- U T