Harishankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69420 of 2021 Arising Out of PS. Case No.-326 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Harishankar Mahto Son of Ram Pavitra Mahto @ Ram Pavintra Mahto Resident of Village - Garhiya Janki Nagar, P.S.- Sonbarsa, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 279 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

There is recovery of 500 bags of rice each containing 50 kg of the F.C.I from a truck. The driver of the truck and owner of the rice were arrested from the place of seizure who disclosed the name of the petitioner as owner of the alleged truck.

Patna High Court CR. MISC. No.69420 of 2021(3) dt.06-07-2022 2/3 It is submitted by learned counsel for the petitioner that the driver and owner of the rice have been arrested from the spot, hence, the allegation against the petitioner that he is indulged in selling the government rice in black-market appears to be not convincing. Moreover, the petitioner is not the owner of the seized truck, rather one Satyendra Kumar son of Ganesh Mahto is the owner. This facts gets corroborated from para 39 of the case diary. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar Mabbi (OP) P.S.

Patna High Court CR. MISC. No.69420 of 2021(3) dt.06-07-2022 3/3 Case No. 326 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T