Pramod Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42561 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- NAYA RAM NAGAR District- Munger ====================================================== Pramod Chaudhary, Son of Krishnanand Chaudhary, resident of Ward No. 01, Garhi Rampur, P.S.- Naya Ram Nagar, District- Munger. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Ranjan For the Opposite Party/s :
Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Naya Ram Nagar P.S. Case no. 22 of 2018, registered under Section and Section 7 of the Essential Commodities Act. The allegation of informant Madan Mohan, Supply Inspector, Jamalpur, Munger is that on 31.01.2018, Officer-inCharge of Naya Ram Nagar Police Station informed him that one Mahindra Pickup van without number was found loaded with 36 bags of rice in suspicious condition, where Subodh Kumar, Kanhaiya Kumar and Dharmendra Yadav were apprehended. The owner-cum-driver, namely, Dharmendra Kumar disclosed that he used to supply his vehicle on fare and on 31.01.2018, on the instruction of Subodh Kumar, 36 bags of
Patna High Court Cr.Misc. No.42561 of 2018(2) dt.20-07-2018 2/3 grains of BSFC were loaded from the fare price shop of the petitioner, who is also the Chairman of the PACS. On verification 8.18 quintals of less rice were found in the stock. Learned counsel for the petitioner submits that, in fact, Subodh Kumar was apprehended by the Police and he gave statement to the effect that after loading of 36 bags of rice he was going to Babua Rice Mill, but the vehicle which was hired for carrying the rice came in disorder near the house of the petitioner and at that time vehicle was being pushed with the help of Kanhaiya Kumar and he has not stated about loading of 36 bags of rice from the BSFC, but Police in highhandedness implicated the petitioner in this case. Further submission is that the aforesaid statement of Subodh Kumar is also the part of the F.I.R. The petitioner has no criminal antecedent.
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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Munger in connection with Naya Ram Nagar P.S. Case No. 22 of 2018,
Patna High Court Cr.Misc. No.42561 of 2018(2) dt.20-07-2018 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T