Abdul Obedulla @ Abdul Ubedulla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65161 of 2018 Arising Out of PS. Case No.-179 Year-2018 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Abdul Obedulla @ Abdul Ubedulla Son of Abdul Sofiyana Resident of Village- Jhagarua, Police Station- K. Nagar (Sri Nagar), District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Viveka Nandsingh For the Opposite Party/s :
Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 420 of the IPC and Section 7 of the E.C. Act.
The prosecution case is that on information that the rice is being transported, one Bajaj Maxima three-wheeler was intercepted from which 11 quintals rice in 22 bags were found. It is alleged that the petitioner is the owner of the vehicle in question.
It is submitted by learned counsel for the petitioner that the accusation against the petitioner has been made only on the basis of suspicion since the petitioner is the owner of the vehicle in question. Moreover, rice is not a controlled item and
Patna High Court Cr.Misc. No.65161 of 2018(2) dt.13-12-2018 2/2 statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Considering the fact that the petitioner is the owner of the vehicle couple with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Purnea in connection with K. Nagar (Champanagar) P.S. Case No.179 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U