Govind v. The State Of Bihar
Case at a glance
Provisions considered
- Essential Commodity Act s. 7
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Arun Mr.Parmeshwar Mehta 2 31-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodity Act.
As per FIR, petitioner who is driver-cum-owner of the truck from which 300 sacks of fertilizers were recovered.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the petitioner was not apprehended at the place of occurrence rather the informant created false and fabricated story. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Patna High Court CR. MISC. No.37411 of 2023(2) dt.31-07-2023
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chhatapur P.S. Case No. 457 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- U T (Anjani Kumar Sharan, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.