Patna High Court - Orders
Shiva Nand Roy vs The State Of Bihar on 8 August, 2023
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42512 of 2023
Arising Out of PS. Case No.-590 Year-2022 Thana- ALOULI District- Khagaria
======================================================
Shiva Nand Roy, Son Of Late Ramswroop Roy Resident Of Village
Tegachha, Ps- Kusheshwar Asthan, District- Darbhanga
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. A. Shamshi
Mr. Nawal Kishore Prasad
For the Opposite Party/s : Mr. Parmeshwar Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-08-20231. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 409, 411, 120B of the Indian Penal Code and Section 7 of the E. C. Act, Sections 3(3), 28(1)(a)(b), 35(1)(b) and Rule 5 of Formet-B-FCO, 1985.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 40 bags of different types of fertilizers, 19 pieces Nano Urea along with 40 litres of petrol from a tractor.
4. The learned counsel for the petitioner submits that Patna High Court CR. MISC. No.42512 of 2023(2) dt.08-08-2023 2/2 petitioner has been falsely implicated in the present case. It is next submitted that he is farmer and has land and for that purpose, he had purchased the fertilizer and petrol for agricultural purposes. It is further submitted that being owner of the tractor, he has been implicated.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria in connection with Alauli P. S. Case No.590 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/-
U T