Naresh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2351 of 2019 Arising Out of PS. Case No.-198 Year-2018 Thana- KURSAILA District- Katihar ====================================================== Naresh Sah aged about 48 years Male, S/o Late Moti Sah Resident of villageBalthi, Maheshpur, P.S.- Kursela, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr.Dhananjaya Nath Tiwari For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Kursela P.S. Case No. 198 of 2018 registered for the offence punishable under Section 7 of the E.C. Act. The allegation is regarding recovery of 913 bags of rice from the house/premise/godown of the petitioner herein where a raid was conducted by the B.D.O., Kursela. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and moreover the petitioner is not a P.D.S. dealer, hence no illegality can be attributed to the petitioner herein. It is further submitted that as per the provisions of the Removal of (Licensing Requirements, Stock Limits & Movement Restrictions) on
Patna High Court Cr.Misc. No.2351 of 2019(2) dt.17-01-2019 2/2 Specified Foodstuffs Order, 2002, there is no limit with regard to the storage of seized goods. Lastly, it is submitted that the petitioner is having a clean antecedent and is languishing in custody since 04.11.2018.
Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 198 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T