Bharat Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65395 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Bharat Gupta Son of Late Chalitar Gupta Resident of Village-Chakjado (Chiknauta),P.S. Bligaon,.Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdhar Prasad For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 7 of the E.C. Act and Sections 34, 379 and 420 of the Indian Penal Code.

The prosecution case, in short, is that in a search carried out by the informant, the accused persons escaped from the place leaving kerosene oil and some other objects. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 17 drums of kerosene oil was kept by the side of the parked Bolero pick up van. The petitioner is alleged to be owner of the Bolero pick up van. Except for

Patna High Court Cr.Misc. No.65395 of 2018(3) dt.19-11-2018 2/2 suspicion, there is no substantive evidence to suggest his implication in the present case. No kerosene oil is alleged to have been seized from the pick up van in question. It is further submitted that the petitioner is ready to deposit a sum of Rs. 20,000/- (twenty thousand) in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. 20,000/- (twenty thousand) in the Court below which shall be subject to final disposal of the cas e , let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Samastipur in connection with N.H. Bangara P.S. Case No. 42/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T