Yogendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82293 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- GHOSWARI District- Patna ====================================================== Yogendra Paswan, S/o Late Chandrika Paswan R/o village- Malpur, P.S.- Ghoswari, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Mishra For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Ghoswari P.S. Case no. 94 of 2019, registered under Section 420/34 of the Indian Penal Code and Section 7 of E.C. Act.

The accusation is that on receiving information about moving of a person with four plastic bags containing rice of fair price shop for black marketing, the informant being the Block Supply Officer, Ghoswari proceeded there then a person was seen with four bags of rice, who was apprehended. On query, he disclosed his name Sanjay Paswan. The apprehended person also disclosed that he is going to sell the rice contained in four bags on purchasing the same from fair price shop of Yogendra Paswan (Petitioner). Thereafter, aforesaid four plastic bags of rice were seized.

Patna High Court CR. MISC. No.82293 of 2019(3) dt.29-06-2020 2/2 Learned counsel for the petitioner submits that the name of petitioner surfaced in the confessional statement of coaccused Sanjay Paswan, who was apprehended with four plastic bags containing rice only on suspicion and on his disclosure that the said four bags of rice were sold by the petitioner, who is fair price shop dealer. Further submission is that it would appear from the F.I.R. that informant, being Block Supply Officer, did not take pain to verify the stock register of the fair price shop of the petitioner after recovery of four plastic bags from co-accused. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate at Barh in connection with Ghoswari P.S. Case No. 94 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T