Surendra Mahto @ Suren Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83732 of 2023 Arising Out of PS. Case No.-624 Year-2023 Thana- SUPAUL District- Supaul ====================================================== SURENDRA MAHTO @ SUREN MAHTO S/o Heeralal Mahto R/o VillageChainsinghpatti, Ward No.9, P.S-Supaul, District-Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 7 of Essential Commodities Act.

3. The prosecution case relates to recovery 45 jute bags containing 21.60 quintal FRK(fortified Rice Kernels) Usna rice from the vehicle bearing Reg. No. BR50GA-1892.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and he has been falsely implicated in this case. He has no concern with alleged seized rice. As per Annexure-2, petitioner is the registered owner-cum-driver of the alleged vehicle and some one has engaged him for carrying the rice to destination. He is

Patna High Court CR. MISC. No.83732 of 2023(2) dt.04-01-2024 2/2 not a P.D.S. Dealer therefore, no case u/s 7 of E.C. Act is made out against him. Petitioner is languishing in judicial custody since 01.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.624 of 2023. (Sunil Kumar Panwar, J) lata/- U T