Samidan Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2276 of 2016 Arising Out of PS.Case No. -256 Year- 2015 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Samidan Nesha wife of Kalam Mian @ Kalim Mian R/o Village- Alpaha, P.S.- Sri Nagar(Pujaha), Dist-West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Adv. For the Opposite Party/s :Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bairiya P. S. Case No. 256 of 2015 registered under Section 7 of the Essential Commodities Act.

It is contended that the present case has been instituted on the basis of hypothetical presumption and wild suspicion.

On the other hand, learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. He has submitted that the investigation is going on and the police may require custodial interrogation of the petitioner.

Patna High Court Cr.Misc. No.2276 of 2016 (3) dt.11-04-2016 2/2 Be that as it may, regard being had to the nature of allegation as also the submissions made at the Bar, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in Bairiya P. S. Case No. 256 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T