Patna High CourtCR. MISC./1432/2020bail granted

Subhash Chandra Gupta v. The State Of Bihar

2020-02-27Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1432 of 2020 Arising Out of PS. Case No.-252 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Subhash Chandra Gupta, Son of Late Ram Narayan Sah, Resident of Village - Ward No. 19, Hardia Chowk, Narkatiaganj, P.S.- Shikarpur, Distt - West Champaran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Kishun Prasad For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-02-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Shikarpur P. S. Case No.252 of 2019 registered for the offences punishable under Section 7 of the Essential Commodities Act.

3. 105 litres of kerosene oil contained in a drum was recovered from outside the house of petitioner, who happens to be a P.D.S. Dealer.

4. Submission on behalf of the petitioner is that the aforesaid recovery has not been made either from the shop or from the house of the petitioner and petitioner does not have any

Patna High Court CR. MISC. No.1432 of 2020(2) dt.27-02-2020 2/2 concern with the seized kerosene oil.

5. However, learned Additional Public Prosecutor submits that the seizure list reveals that the said recovery was made from the flour-mill of the petitioner.

6. Taking note of the contradiction in respect of place of recovery as well as accusation against the petitioner, I think it proper to extend the privilege of anticipatory bail to petitioner.

7. Accordingly, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Shikarpur P. S. Case No.252 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) vikash U T