Nabin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70248 of 2021 Arising Out of PS. Case No.-420 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== NABIN KUMAR SON OF RAJENDRA PRASAD Resident of Village - Eksari Bigah, P.S. and Distt.- Sheikhpura, A Proprietor M/s Nabin Khad Bhandar College More Sheikhpura, P.s. and Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 419 and 420 of the Indian Penal Code and Section 7 of the E.C. Act. As per prosecution case the informant is the District Agriculture Officer, Sheikhpura alleging therein that J.D.A, Munger Division, informed that on 18.08.2021, one Nepali Mahto and three other were going with one bag urea by bicycle and on being asked he told that he purchased urea from Bhandar and he has not given cash memo then Joint Director Agriculture gone to the shop of inspection, POS machine shows 0.18 metric tone urea but on search not a single bag of urea was found in

Patna High Court CR. MISC. No.70248 of 2021(3) dt.11-07-2022 2/2 the godown.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that nothing has been seized from the shop of the petitioner and the petitioner is a licency holder and is authorized dealer and the POS machine was not seized at the spot. Petitioner has got clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, 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 thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sheikhpura in connection with Sheikhpura P.S. Case No. 420 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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