Pravind Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59885 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- PARASI District- Jehanabad ====================================================== Pravind Kumar Choudhary, Son of Devi Shankar Choudhary, VillageHasanpura, P.S.- Arwal, District- Arwal ... Petitioner

Versus

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

For the Petitioner :

Mr. Arvind Prasad Singh, Adv.

For the Opposite Party :

Mr. Rajesh Kumar, APP 48 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks anticipatory bail in connection with Parsai P.S. Case No. 14 of 2018 for the offence alleged under Section 7 of the Essential Commodities Act, The prosecution case, as lodged by the Block Education Officer, Kaler, Paliganj, Patna, is that on the complaint of villagers the Magic Tata vehicle carrying four quintals of rice belonging to the Principal, Krishna Kumar of Middle School, Walidad Block, namely, Kasturba Vidyalaya, was seized. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits although in the first information report that the Magic Tata

Patna High Court Cr.Misc. No.59885 of 2018(2) dt.08-10-2018 2/2 vehicle was not driven by any driver, but, subsequently the name of the petitioner has surfaced as a driver. He submits tht no overt act has been committed by the petitioner and that during investigation the petitioner's name surfaced. Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances and materials on record, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Parsai P.S. Case No. 14 of 2018 shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, subject to the conditions as laid down under Section 438(2) Criminal Procedure.

(Nilu Agrawal, J) Shamshad/- U