Bhim Prasad Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62262 of 2024 Arising Out of PS. Case No.-216 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Bhim Prasad Thakur Son of Radheshyam Thakur Resident of Village- Lohra, P.S.- Chainpur, Distt. Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409 & 420/34 of the Indian Penal Code and Section 7 of the Essential Commodity Act.

3. Petitioner is said to have sold 53 sacks of Arwa Chawal in black market, which was meant for distributing in the public distribution system.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.62262 of 2024(2) dt.01-10-2024 2/2 general and omnibus in nature. The petitioner has been made accused in this case on the confessional statement of coaccused, Satendra Sah, which has no evidentiary value in the eye of law. It is further submitted that no offence under Section 420 of the I.P.C. is made out rather Section 7 of the E.C. Act is made out against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 Chainpur P.S. Case No. 216 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T