This oral order grants bail to petitioner Raja Ram Singh in an anticipatory bail petition, subject to conditions, after he apprehended arrest in connection with carrying food grains by his driver.
Petitioner is enlarged on bail on furnishing a bond of Rs. 10,000/- with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3183 of 2020
Arising Out of PS. Case No.-95 Year-2019 Thana- PAKARIBARAW District- Nawada
======================================================
RAJA RAM SINGH Son of Hare Ram Singh Resident of Village-Manjaur, P.S.-Warisaliganj, District-Nawada.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar For the Opposite Party/s : Mr.Surendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
The petitioner apprehends his arrest in connection
with Pakribarawan P.S. Case No.95/2019 registered for the offence under Section 420/467/34 of the Indian Penal Code and Section 7 of the Essential Commodity Act.
The allegation is that petitioner is owner of the pickup
van which was carrying 48 plastic bags of rice and 4 plastic bags of wheat.
Learned Counsel for the petitioner submits that nothing on record to even suggest the fact that the aforesaid it was petitioner who directed his driver to carry the aforesaid food grains. The aforesaid food grains was being carried by his driver without his knowledge. Co-accused has been grated anticipatory bail by the Co-ordinate Bench of this Court vide order dated 19.06.2019 passed in Cr. Misc. No. 37269 of 2019.
Patna High Court CR. MISC. No.3183 of 2020(2) dt.28-02-2020 2/2
Considering the aforesaid facts and circumstances as well as nature of accusation, in the event his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada Pakribarawan P.S. Case No.95/2019 on the following conditions:
“(1) Petitioner shall cooperate in the tiral and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”
(Prabhat Kumar Singh, J)
SUMIT/-
U T
2 issues framed by the court
Whether the petitioner, who apprehended arrest in connection with 48 bags of rice and 4 bags of wheat carried by his driver without his knowledge, should be granted bail.
Whether the petitioner has a prima facie case to suggest his involvement in the alleged offence of cheating under IPC 420/467/34 and Section 7 of the Essential Commodity Act.
Raja Ram Singh
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
