Patna High CourtCR. MISC./16573/2016bail granted

Md. Shabuddin @ Md. Shahabuddin And ANR. v. The State Of Bihar

2016-08-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16573 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -BARARI District- KATIHAR ======================================================

1. Md. Shabuddin @ Md. Shahabuddin Son of Sheer Mohammad

2. Md. Islamuddin Son of Abdul Mannan Both resident of VillageKathotiya, PS Barari, District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Musowir, Adv. For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-08-2016 Heard both sides.

The petitioners apprehend their arrest in Barari P.S. Case No. 53/2016, registered for the offences punishable under Section 7 of the Essential Commodities Act.

The informant Block Supply Officer alleged that the villagers intercepted the tractor loaded with Maize and Rice. The villagers disclosed that the Rice and Maize belongs to the petitioners who are Chairman of Packs and licensee respectively. It is submitted that there is nothing on record to show that the petitioners were transporting Maize and Rice on a tractor. On the petition of the petitioners, the Collector entrusted the District Supply Officer to enquire into the matter vide letter no.

Patna High Court Cr.Misc. No.16573 of 2016 (7) dt.02-08-2016 2/2 486/2016 and it was found that without any basis the case was lodged against the petitioners. Stocks of the petitioners were searched and no shortage was found.

Considering the facts aforesaid, the petitioners abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Katihar in connection with Barari P.S. Case No. 53/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T