Sanjeev Kumar @ Gorakh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75969 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== Sanjeev Kumar @ Gorakh Sah, Son of Bhola Sah, Resident of Village - Sisauni, P.S.- Harlakhi, Dist.- Madhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar 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 the State.

The petitioner in this case is seeking anticipatory bail in connection with Harlakhi P.S. Case No.189 of 2019 registered for the offences punishable under Section 7 of the E.C. Act. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to local village politics and he has no concern with the occurrence as alleged. 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 owner of the vehicle in question on which allegedly 30 quintals of rice is said to be loaded and further submission that the rice is not a controlled item and the petitioner being a transporter has committed no wrong by

Patna High Court CR. MISC. No.75969 of 2019(2) dt.25-11-2019 2/2 loading the rice and that there is no material to allege that the petitioner is involved in blackmarketing, there being no criminal history of the petitioner, 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 S.D.J.M., Benipatti, Madhubani in connection with Harlakhi P.S. Case No.189 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