Jogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.214 of 2022 Arising Out of PS. Case No.-273 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== 1.

JOGENDRA RAI S/o Late Sukdeo Rai R/o village- Chanpur Chiknowata, P.S.- Sakra, District- Muzaffarpur 2.

PAWAN KUMAR S/O MUNSI LAL RAI R/o village- Chanpur Chiknowata, P.S.- Sakra, District- Muzaffarpur 3.

ABHISHEK KUMAR S/O RAMCHANDRA RAI R/o village- Chanpur Chiknowata, P.S.- Sakra, District- Muzaffarpur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as Mr. J.N. Thakur, learned APP for the State.

The petitioners apprehend their arrest in connection with Sakra P.S. Case No. 273 of 2021, registered for the offences punishable under Section 7 of the Essential Commodities Act. As per allegation, 11 empty drums and 135 litres of kerosene oil in two drums, 100 litres diesel and 140 litres petrol were recovered from a hut near the house of Bhagyanarayan Rai. The learned counsel for the petitioners has submitted that the hut wherefrom the kerosene oil etc. were recovered was not of the

Patna High Court CR. MISC. No.214 of 2022(2) dt.03-08-2022 2/2 petitioners. Learned counsel for the petitioners has also submitted that the petitioners are the persons of clean antecedent and they are not PDS dealer.

Considering the above-mentioned facts and circumstances as well as the clean antecedents of the petitioners, let them, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, East Muzaffarpur in connection with Sakra P.S. Case No. 273 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

After furnishing of the bail bond, the antecedents of the petitioners shall be verified and if it is found that they have implicated in any other case, the learned court below will be at liberty to cancel their bail bond.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T