Ashok Kumar Yadav vs The State Of Bihar on 29 August, 2023

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Patna High Court - Orders

Ashok Kumar Yadav vs The State Of Bihar on 29 August, 2023

Bench: Sunil Dutta Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44657 of 2023
                      Arising Out of PS. Case No.-451 Year-2022 Thana- KEWATI District- Darbhanga
                 ======================================================
                 Ashok Kumar Yadav, Son of Mahesh Yadav, Resident of Village- Gram Post
                 Koyalasthan, P.S.- Keoti District - Darbhanga

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Shahnawaz Ali, Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   29-08-2023

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Keoti P.S. Case No. 451 of 2022 registered for the offences punishable under Sections 353, 506 of the Indian Penal Code and Section 7 of Fertilizers Control Order, 1985 (FCO) and Section 3(2) C / 7 (i) a (ii) of Essential Commodity Act (E.C. Act).

3. As per the F.I.R., 26 bags of fertilizers were stored in a room of the house of co-accused Pawan Sahu. It is further alleged that petitioner alongwith 20 to 25 unknown persons tried to obstruct the informant in his official duty.

4. Learned counsel for the petitioner submits that the petitioner is not named accused and he has falsely been Patna High Court CR. MISC. No.44657 of 2023(2) dt.29-08-2023 2/2 implicated in this case on the basis of suspicion. Petitioner has no concern with the incident and no incriminating article has been recovered from the possession of the petitioner and the house from where the fertilizers were stored does not belong to the petitioner and no injury was caused to anyone. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Darbhanga, Bihar in connection with Keoti P.S. Case No. 451 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) saurabhkr/-

U      T

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Patna High Court - Orders