Anjani [email protected] Anjani Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 870 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31732 of 2020
      Arising Out of PS Case No.-122 Year-2020 Thana- BALIYA District- Begusarai
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Anjani Singh @ Anjani Kumar Singh, aged about 44 years, Male, Son of Surendra Singh, Resident of Prashant Nagar, PS- Balia, District- Begusarai.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Soni Srivastava, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

The matter has been heard via video conferencing.

2. Heard Ms. Soni Srivastava, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned In-charge

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

3. The petitioner apprehends arrest in connection with

Balia PS Case No. 122 of 2020 dated 14.05.2020, instituted under

Sections 409, 414 of the Indian Penal Code and 7 of the Essential

Commodities Act, 1955.

Patna High Court CR. MISC. No.31732 of 2020 dt.12-02-2021

4. The allegation against the petitioner is that from one

tempo, 9 bags of 50 kgs. each of rice and 20 bags of 50 kgs. each

on thela was recovered which was being taken to the godown of

the petitioner.

5. Learned counsel for the petitioner submitted that he is

the PDS dealer in the city of Khagaria and does not have a

godown at Begusarai where it is alleged that the rice was being

taken to his godown. However, she submitted that a relative of the

petitioner does have a godown there. It is submitted that even if at

face value, the allegation in the FIR is taken to be true, the owner

of the thela has stated that the rice was picked up from other

persons and was being taken to the godown but the allegation is

not that the rice belonged to the petitioner or he had instructed or

hired the vehicles for bringing such rice. Learned counsel

submitted that it is not even alleged that the sacks bore the seal of

Food Corporation of India or otherwise to indicate that it was

meant for the PDS. Learned counsel submitted that the petitioner

does not carry any other criminal antecedent and shall be co-

operating with the agency in the investigation.

6. Learned APP submitted that the persons caught with

the rice had stated that it was being taken for being unloaded in

the godown of the petitioner.

Patna High Court CR. MISC. No.31732 of 2020 dt.12-02-2021

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned SDJM, Begusarai in Balia PS Case No. 122 of 2020,

subject to the conditions laid down in Section 438(2) of the Code

of Criminal Procedure, 1973 and further, (i) that one of the bailors

shall be a close relative of the petitioner, (ii) that the petitioner and

the bailors shall execute bond with regard to good behaviour of

the petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

Patna High Court CR. MISC. No.31732 of 2020 dt.12-02-2021

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T