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Patna High CourtCR. MISC./69393/2023allowed

Sanjay Kumar v. The State Of Bihar

2023-11-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69393 of 2023 Arising Out of PS. Case No.-367 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== SANJAY KUMAR S/O SRI MAHENDRA SAH R/O VILLAGE- MAN BISHUNPUR, P.S- BOCHAHA, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 7 of the E.C. Act. 3.

Allegedly, the petitioner is said to have been involved in black marketing of of food grains. 2500 kg of rice was recovered from a truck and it is alleged that the same belongs to the petitioner. On search of godown of the petitioner, a short fall of 7161 kg rice was found as per E-POS stock. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. It is submitted that the

Patna High Court CR. MISC. No.69393 of 2023(2) dt.09-11-2023 2/2 licence of the petitioner was suspended by the concerned Authorities. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the licence of the petitioner has been suspended, 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 Bochaha P.S. Case No.367 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T