Lalu Gaddi @ Laloo Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.860 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- INARWA District- West Champaran ====================================================== 1.

Lalu Gaddi @ Laloo Gaddi Son Of Late Nandu Gaddi Resident Of VillageKhamhiya, P.S.- Inarwa, District- West Champaran 2.

Shahim Gaddi Son Of Lalu Gaddi @ Laloo Gaddi Resident Of VillageKhamhiya, P.S.- Inarwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 414, 34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

As per FIR, 16 bags of Fertilizer each of 45kg were recovered from the house (hut) of the petitioner which was stored with intention to black marketing.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that the hut in question is open place and taking advantage of petitioners' absence, someone kept the

Patna High Court CR. MISC. No.860 of 2023(2) dt.24-03-2023 2/2 said fertilizers. He submits that no recovery was made from the petitioner's house nor even the seizure list was served to the family members of the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the petitioners are also involved in the present case.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Inarwa P.S. Case No. 86 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T