Om Prakash Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61711 of 2022 Arising Out of PS. Case No.-189 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== 1.
OM PRAKASH PRASAD Son of Raghunath Sah R/V- Mahuawa, P.SMahuawa, Dist- East Champaran 2.
Babloo Kumar Gupta Son of Amirlal Sah R/V- Mahuawa, P.S- Mahuawa, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv Mr. Kumar Rajdeep, Adv Mr. Arvind Kumar, Adv For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned senior counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 406/34 of the Indian Penal Code and section 7 of EC Act.
Allegedly, the informant seized 150 bags of urea from a tractor. He came to know that the petitioner no.1 purchased 77 bags and petitioner no.2 purchased 78 bags and both are the owners of two different licensed firms. It is alleged that out of 155 bags of urea only 150 bags were found i.e. 5 bags of urea were found short. On query by the authorities the driver of the
Patna High Court CR. MISC. No.61711 of 2022(2) dt.01-05-2023 2/3 tractor gave unsatisfying reply, hence it is suspected by the informant that urea was being carried for selling in the black market It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He submits that 155 bags of urea was purchased by the petitioners from licensed dealers and the same was handed over to the driver of the tractor by wholesale dealers for carrying to the shops of the petitioners.
The tractor carrying the bags of urea got punctured and thus the bags of urea were loaded on another tractor for the continued delivery to the petitioners godowns. Petitioners have no criminal antecedent, as also mentioned in para-3 of the petition. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of
Patna High Court CR. MISC. No.61711 of 2022(2) dt.01-05-2023 3/3 their 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) each 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 Chauradano P.S. Case No.189 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T