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Patna High CourtCR. MISC./71392/2019allowed

Arun Kumar v. The State Of Bihar

2019-11-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71392 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== Arun Kumar Son of Om Prakash Prasad, Resident of Village-Mangalpur, Kala, P.S.-Nautan, District-West Champaran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== 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 19-11-2019 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Nautan P.S. Case No.115 of 2019 registered for the offence under Section 7 of the E.C.Act.

Accusation against the petitioner is that on information regarding carrying 31 quintals of wheat on a pick up Van carrying for black marketing by accused Rajesh Pandey, who along with the driver of the said van succeeded in fleeing away from the spot seeing the police team.

It was submitted by learned counsel for the petitioner that co-accused Rajesh Pandey, who is a P.D.S. dealer, has already been granted privilege of anticipatory bail vide order dated 13.08.2019 passed in Cr.Misc.No.50375 of 2019. He

Patna High Court CR. MISC. No.71392 of 2019(2) dt.19-11-2019 2/2 submits that the petitioner is owner of the pick up van and he is neither named in the F.I.R. nor he is alleged to be present at the place of occurrence, nor he has any knowledge or concern with the wheat in question.

Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, let both the petitioner, above named, in the event of his arrest or surrender within a period of six weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Nautan P.S. Case No.115 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.

(Anjani Kumar Sharan, J.) nawalkrs/- U T