Ujen Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75965 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- PHULWARIYA District- Gopalganj ====================================================== Ujain Kuwar, Son of Late Rampret Kuer, Resident of Village - Harihara, P.S.- Phulwaria, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kant For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Phulwaria P.S. Case No.169 of 2019 registered for the offences punishable under Section 7 of the E.C. Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to non-fulfilment of demand made by the informant. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein it is the submission of the petitioner that he is a public distribution shop dealer and he had lifted the foodgrains only on 24.08.2019 and thereafter the informant came on 29.08.2019 and

Patna High Court CR. MISC. No.75965 of 2019(2) dt.25-11-2019 2/2 because the petitioner refused to give him the demanded amount he has been falsely implicated in this case and that the petitioner has an opportunity to explain the allegation against him to the licensing authority, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Phulwaria P.S. Case No.169 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T