The High Court at Patna granted anticipatory bail to truck drivers apprehending arrest in a black marketing case involving food grains.
Petitioners directed to surrender within six weeks on bail of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3344 of 2020
Arising Out of PS. Case No.-255 Year-2018 Thana- CHANDAUTI District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar For the Opposite Party/s : Mr.Md. Matloob Rab ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 05-03-2020 Heard learned counsel for the petitioners and learned
APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chandauti P.S. Case No.255 of 2018, registered for the offence punishable under sections 420, 406, 120B and 34 of the Indian Penal Code and section 7 of the Essential Commodities Act, 1955.
As per allegation in the F.I.R, trucks mentioned therein which were in transportation of food grains from F.C.I to S.F.C were found indulging in black marketing in connivance with the truck owners.
Patna High Court CR. MISC. No.3344 of 2020(2) dt.05-03-2020 2/2
It is submitted by learned counsel for the petitioners that the petitioners are the drivers of the truck whereas owners have been enlarged on bail by order 26.8.2019 passed in Cr.Misc.No.30298 of 2019 and order dated 10.7.2019 passed in Cr.Misc. No.42650 of 2019. It is further submitted that petitioners have no criminal antecedent.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Chandauti P.S. Case No.255 of 2018, they will be enlarged on bail on furnishing bail bond of Rs 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.
(Partha Sarthy, J)
Bibhash/- U T
1 issue framed by the court
Whether the petitioners driving trucks in a black marketing FIR are entitled to anticipatory bail?
1 provisions across 1 enactments
Raj Ballam Yadav
Vivek Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
