Upendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 58702 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- Bihariganj District- Madhepura ====================================================== Upendra Mahto, Son of Late Saryug Mahto, Resident of Village- Bihariganj, Ward No. 14, P.S.- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh Mr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2018 Heard Sri Ramesh Kumar Singh, learned counsel assisted by Sri Sanjay Kumar Singh, learned counsel for the petitioner and Sri Ram Naresh Ray, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Bihariganj P.S. Case No. 165 of 2018 registered for offence under Section 420 of the Indian Penal Code, Sections 7(1) (a) (i) (ii) of the Essential Commodities Act, 1955, Section 15 (3) (1) of the Decentravition Seed Control Order, 1983 { i.e. The Seeds (Control) Order, 1983} and Seeds Act, 1966, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He

Patna High Court Cr.Misc. No.58702 of 2018(2) dt.20-09-2018 2/2 submits that the seeds, found in the premises of the petitioner, were actually of the same company, but on false accusation, petitioner has been made accused.

However, after going through the F.I.R. and its contents, I am of the opinion that petitioner is the main accused and as such, there is no reason for granting anticipatory bail. The anticipatory bail petition stands dismissed. (Rakesh Kumar, J.) anay U T