Jayant Bihari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60376 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- SAHODARA District- West Champaran ====================================================== JAYANT BIHARI PRASAD SON OF LATE BANKEY BIHARI PRASAD VILLAGE DOMATH POLICE STATION SAHODRA DISTRICT WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. Learned counsel for the petitioner filed a supplementary affidavit in the Court. Let the same be accepted and kept on record.

3. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

4. Allegedly, 27 bags of fertilizers is said to have been recovered from the house of the petitioner. The allegation against the petitioner is that he is involved in the illegal selling of fertilizer.

5. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.60376 of 2023(2) dt.16-10-2023 2/3 petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. There is no specific allegation against the petitioner. He submits that the petitioner is a junior member of his house and his three elder brothers and other family members live jointly in the alleged house from where the recovery has been made. He further submits that the petitioner's family is indulged in farming having more than 5 acres of land under their possession. He also enclosed the receipt of purchase of fertilizers as Annexure-2 of the bail application. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

6. Learned APP for the State opposed the prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case as well as considering the arguments advanced on behalf of the parties, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, 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 Sahodra P.S. Case

Patna High Court CR. MISC. No.60376 of 2023(2) dt.16-10-2023 3/3 No.66 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T