Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25111 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -CHANAN District- BANKA ====================================================== Vinod Yadav S/o Jiblal Yadav Resident of village - Karadda, Police Station Katoriya, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-06-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

The prosecution case is that on 18.05.2015 at 3.10 P.M. the informant being the Block Supply Officer, Chandan received that a truck loaded with 45 bags of wheat and 68 bags of rice each bag containing 50 kg. was parked in the godown premises of Sanjana Rice Mill when it was suspected that the grains of FCI were being transported for black marketing. The FIR was lodged against the Refilling Incharge, Truck owner, Driver and owner of Sanjana Rice Mill. The

Patna High Court Cr.Misc. No.25111 of 2016 (2) dt.20-06-2016 2/2 petitioner was not named in the FIR. Subsequently the name of the petitioner sprang up being a PDS dealer.

It is submitted by learned counsel for the petitioner that without verification of the stock of the petitioner only on suspicion the accusation has been levelled and the investigation has already concluded.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that the seizure has not been made from the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, 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, Banka in connection with Chandan P.S. Case No. 45 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T