Ashok Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6093 of 2019 Arising Out of PS. Case No.-389 Year-2017 Thana- SULTANGANJ District- Bhagalpur ====================================================== Ashok Bind, S/o Late Shiv Nandan Bind, Resident of Village- Shivnandanpur, P.S- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. R.B. Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-02-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out Sultanganj Police Station Case No. 389 of 2017, disclosing offences under Section 7 of the Essential Commodities Act, 1955.

From the house of one Kapil Bind @ Kapil Dev, 64 bags of wheat and 160 bags of rice was recovered. The petitioner is a PDS dealer who was not named in the First Information Report.

Learned Counsel for the petitioner has submitted that on the basis of mere suspicion that the petitioner might have sold the said articles to the accused, Kapil Bind, which was

Patna High Court Cr.Misc. No.6093 of 2019(2) dt.04-02-2019 2/2 meant for distribution among the beneficiaries, the petitioner has been implicated. It also appears that the said Kapil Bind has been granted anticipatory bail by this Court by order, dated 21.06.2018, passed in Criminal Misc. No. 30936 of 2018. Considering the facts and circumstances as indicated above, this application is allowed.

Let the petitioner, Ashok Bind, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Bhagalpur, in connection with Sultanganj Police Station Case No. 389 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √