Arun Yadav @ Arun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2972 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- BELHAR District- Banka ====================================================== ARUN YADAV @ ARUN KUMAR YADAV, s/o. Mohan Yadav Resident of Hathiagarh, PS Belhar, District - Banka , Proprietr of Ms Jai Baba Basukinath Trader and Rice Mill at Darha, PS Belhar District - Banka ... ... Petitioner/s

Versus

The State of Bihar Biahr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 7 of the E.C.Act registered in connection with Belhar P.S. Case No. 257 of 2018.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion in connection with recovery of arwa rice found loaded on a truck and pickup van standing in the premises of the petitioner's rice mill. It is stated that the petitioner is legally carrying on the business of Rice Mill and is registered both with the Sales Tax Department as well as the Income Tax Department. All the bags of rice bear the name of the petitioner's Rice Mill under brand name of the rice namely, "Shankar Brand". The petitioner is not a PDS dealer and the rice in question was not procured from FCI or any other Government Agency. It is submitted that some empty bags bearing FCI mark recovered from the mill premises cannot be the basis for adverse inference, as such bags are easily available in the open market. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender

Patna High Court Cr.Misc. No.2972 of 2019(2) dt.23-01-2019 2/2 before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Banka in connection with Belhar P.S. Case No. 257 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Chandran/- (Vikash Jain, J) U T