Sri Ram Sah @ Sri Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66341 of 2021 Arising Out of PS. Case No.-309 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== SRI RAM SAH @ SRI RAM KUMAR SON OF DHRUP SAH RESIDENT OF VILLAGE- FATEHPUR, P.S- JOGAPATTI, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Thakur, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in Jogapatti P.S. Case No. 309 of 2021 registered under Section 7 of E.C. Act. Allegedly, 14.5 quintals of rice having government stamp on bags, was recovered from trade house of father of the petitioner. 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 in the present case due to mistake of fact. The only material against the petitioner is that the bags were having stamp of Indian Food Corporation. It is submitted that the bags are available in open market which are recycled and used by the

Patna High Court CR. MISC. No.66341 of 2021(2) dt.01-04-2022 2/2 agriculturist. The petitioner is also an agriculturist. He has got no concern with the Public Distribution.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, shall 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Jogapatti P.S. Case No. 309 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T