Domi Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.5604 of 2016 (2) dt.28-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5604 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Domi Yadav, son of Ramu Yadav, resident of Old Bank Chowk, North High School Road, Triveniganj, P.S.- Triveniganj, District- Supaul. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Amrit Abhijat, Advocate For the Opposite Party : Mr. Binod Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Triveniganj P.S. Case No. 129 of 2015 for the offences instituted under Sections 7 of the Essential Commodities Act. The Block Supply Officer, Triveniganj in his written petition submitted to the SHO, Triveniganj has stated that in compliance of the direction of the Department, he conducted a raid in the shops allegedly involved in illegal trade of cooking gas. In course of raid of the shop of this petitioner, recovered gas cylinders, consumer books of different consumers etc. as detailed in the petition.
It has been submitted on behalf of the petitioner that the
Patna High Court Cr.Misc. No.5604 of 2016 (2) dt.28-03-2016 petitioner has falsely been implicated in the present case. Petitioner has been made accused due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Triveniganj P.S. Case No. 129 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Sukul Ram, Judicial Magistrate, Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T