Nagendra Prasad @ Nageshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56206 of 2023 Arising Out of PS. Case No.-104 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== NAGENDRA PRASAD @ NAGESHWAR PRASAD S/O SHIVSHANKAR PRASAD R/O VILLAGE- BHELWA, PS. CHHORADANO, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.

3. As per prosecution case, 51.5 quintal of rice has been seized from the godown of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has been made accused only on suspicion. Petitioner is neither a PDS dealer nor has got any concern with any PDS shop. As a matter of fact, petitioner is a trader and the alleged rice was purchased by the petitioner from local farmers and traders. Petitioner claims clean antecedent.

5. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.56206 of 2023(2) dt.30-08-2023 2/2 of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Jhanjharpur in connection with Phulparas P. S. Case No. 104 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T