Kamlesh Prasad @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57751 of 2025 Arising Out of PS. Case No.-191 Year-2019 Thana- ATHMALGOLA District- Patna ====================================================== Kamlesh Prasad @ Kamlesh Kumar Son of Kailash Gope Resident of Village - Basobagi, P.S.- Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 419, 420 of the Indian Penal Code and Section 7 of the E.C. Act.

3. The prosecution case, in brief, is that the Block Supply Officer on the basis of secret information intercepted one pick-up van, bearing registration no. BR01GE-6934, and recovered 29 quintals of rice, kept in 59 bags and when driver of the pick-up van was interrogated, he disclosed that above rice was loaded from the place of PDS dealer Jitendra Prasad and he was going to deliver the consignment in favour of co-accused Pankaj Kumar.

4. Learned counsel for the petitioner submits that petitioner is neither named in the F.I.R. nor he is PDS dealer. Name of the petitioner transpired during course of investigation

Patna High Court CR. MISC. No.57751 of 2025(2) dt.02-09-2025 2/2 merely because he happens to be registered owner of said pickup van. Co-accused Pankaj Kumar and Jitendra Prasad have already been granted anticipatory bail by this Court, vide orders, annexed as, Annexure 2 series to the bail petition.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner 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 learned S.D.J.M., Barh (Patna) in connection with Athmalgola P.S. Case No. 191 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay U T