Pawan Kumar Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.11945 of 2017 (3) dt.29-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11945 of 2017 Arising Out of PS.Case No. -562 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Pawan Kumar Choudhary, son of Shri Kailash Choudhary, Resident of Village- English, Ward No.-4, P.S.- Lakhisarai, Dist- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Lakhisarai Police Station Case No. 562 of 2016, disclosing offences under Sections 7 of the E.C. Act. Learned counsel for the petitioner has submitted that the petitioner has not committed any offence and falsely been implicated in this case at the behest of S.D.O., Lakhisarai. In fact, the petitioner, who is a PDS dealer, along with other made a complaint against SDO, Lakhisarai for illegal demand of money, resultantly, an enquiry was set up against the S.D.O. Lakhisarai. On account of that the petitioner has been falsely implicated in this case. Moreover, the name of has surfaced in

Patna High Court Cr.Misc. No.11945 of 2017 (3) dt.29-03-2017 this case on statement of driver of the alleged Tractor. Nothing has been recovered from the conscious possession of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on 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, Lakhisarai, in connection with Lakhisarai Police Station Case No. 562 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T