Rahul Kumar @ Pitamber Prasad @ Raju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4004 of 2016 Arising Out of PS.Case No. -281 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rahul Kumar @ Pitamber Prasad @ Raju Son of Bishwanath Prasad @ Moti Lal Sah resident of Chawal Bazar, Raxaul, P.S. Raxaul, Distt. - East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv. For the Opposite Party/s : Ms. Smt. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody since 29.11.2015 in connection with Raxaul P.S. Case No. 281/2015, registered for the offences punishable under Section 7 of the E.C. Act. Learned counsel for the petitioner submits that the petitioner has not contravened any provisions of Section 3 of the E.C. Act and thus cannot be prosecuted under Section 7 of the E.C. Act. It is further submitted that the cylinders purported to have been recovered from his possession were in fact that of the vendors of different companies who used to keep the cylinders there and carry them to and fro from his shop for delivering the
Patna High Court Cr.Misc. No.4004 of 2016 (2) dt.11-02-2016 2/2 same to the customers. It is further submitted that even if allegation levelled in the prosecution report is accepted on its face value, yet no offence under E.C. Act is made out against the petitioner.
Considering the aforementioned facts and that the petitioner has no concern with the alleged seized gas cylinder, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari in connection with Raxaul P.S. Case No. 281/2015.
(Anjana Mishra, J.) Rakhi U T