Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85324 of 2023 Arising Out of PS. Case No.-661 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Manish Kumar S/o Late Ravindra Prasad R/o VILLAGE KARAUNA PS KARAUNA JEHANABAD DISTRICT JEHANABAD ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 77578 of 2023 Arising Out of PS. Case No.-661 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== AJAY KUMAR SON OF LALDHAR MAHTO RESIDENT OF VILLAGE - NAURU, P.S. - PARASBIGHA, DISTRICT - JEHANABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 85324 of 2023) For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv Mr.Bhaskar Shankar, Adv For the Opposite Party/s :
Mr.Dilip Kumar No.1, APP (In CRIMINAL MISCELLANEOUS No. 77578 of 2023) For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv Mr. Bhaskar Shankar, Adv For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2.
Heard Mr. Krishna Pd. Singh, learned Senior Counsel assisted by Mr. Bhaskar Shankar, on behalf of the petitioners of
Patna High Court CR. MISC. No.85324 of 2023(3) dt.15-05-2024 2/3 both cases as well as Mr. Dilip Kumar No.1 and Mr. Manoj Kumar, learned APPs appearing on behalf of the State. 3.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 186, 409, 34 of the Indian Penal Code.
4.
The allegation against the petitioners is that they did not co-operated in the enquiry conducted by the informant and also did not produce any relevant papers regarding transportation of paddy seeds.
5.
It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. There is no specific overt act against the petitioners. Petitioner namely, Manish Kumar purchased the paddy from a businessman from Gaya and the receipt was lost and the godown of the petitioner was raided after several days of its purchase. He further submits that the petitioner namely, Ajay Kumar is proprietor of Verma Beez Bhandar and his PDS license has already been suspended by the authorities concerned. Petitioners have no criminal antecedent. 6.
Learned APPs for the State opposed the prayer for anticipatory bail.
Patna High Court CR. MISC. No.85324 of 2023(3) dt.15-05-2024 3/3 7.
Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their 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) 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 Jehanabad P.S. Case No.661 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T