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2025 DAILYLAW 71183 (PAT)

Harendra Prasad v. The State of Bihar

CR. MISC./59427/2025 · 2025-09-03

Prabhat Kumar Singh

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59427 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- ISUAPUR District- Saran ====================================================== 1. Harendra Prasad Son of Bangali Sah Resident of Village - Nayanpura (Nathanpura), Post- Bharatpura, ps- Beenbhar Tarwara (Ander), Dist - Siwan 2. Mukesh Parsad Yadav @ Mukesh yadav son of Late krishna Chaudhary @ Late Kishun chaudhary Resident of Village- Chitmath, Po- Semariya, Ps- Mairwa, Dist- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, lAdvocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 03-09-2025 Heard learned counsel for the petitioners and learned A.P.P for the State. 2. The petitioners apprehend their arrest in a case, registered for offence punishable under Sections 318(4) of B.N.S., 2023 and Section 7 of the E.C.Act. 3. It is alleged that despite cancellation of franchisee lease agreement of petrol pump with Essar company, both petitioners were illegally selling petrol and diesel by black- marketing. 4. Learned counsel for the petitioner submits that petitioners have got the petrol pump on lease for 10 years at the monthly rent of Rs. 30,000/- from M/s Essar Petrol Pump Company and no copy of termination of franchisee has been Patna High Court CR. MISC. No.59427 of 2025(2) dt.03-09-2025 2/2 served to these petitioners. There is also no evidence that these petitioners were black-marketing petrol and diesel. 5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that petitioners were operating petrol pump in the name of Essar Oil Limited for more than a year by black-marketing of petrol and diesel. Petitioners not only cheated Essar Oil Limited but also innocent customers. Besides this, petitioners have got five criminal antecedent. 6. Considering the nature of accusation and criminal antecedent, the prayer for anticipatory bail of petitioners is rejected. anay (Prabhat Kumar Singh, J) U T