Binod Yadav @ Vinod Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.2441 of 2017 (2) dt.04-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2441 of 2017 Arising Out of PS.Case No. -18 Year- 2016 Thana -SHANKARPUR District- MADHEPURA ====================================================== Binod Yadav @ Vinod Yadav, son of Upendra Yadav, Resident of VillageKalhua, P.S.- Shankarpur, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate. For the Opposite Party/s : Smt. Asha Kumari, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Shankarpur P.S. Case No. 18 of 2016 registered under Section 7 of the Essential Commodities Act.

The accusation is that, on 16.02.2016, in the evening, informant being the Block Agricultural Officer-cum-Block Supply Officer, Shankarpur, received information from Shankarpur Police Station about seizing of 39 bags, each containing 50 KG of wheat belonging to F.C.I. Thereafter, he went to the police station and inspected the bags and also inspected Fair Price Shop of Bauwa Sardar and took the sample of wheat, which was found same as seized by the police.

Patna High Court Cr.Misc. No.2441 of 2017 (2) dt.04-02-2017 Learned counsel for the petitioner submits that, in fact, after institution of the present case, the statement of the driver of the tractor was recorded, who disclosed that the seized wheat was being carried to the house of this petitioner except that there is nothing against the petitioner to show his involvement in the present case. Further submission is that petitioner has no criminal antecedent and is in custody since 17.11.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, 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 the Chief Judicial Magistrate, Madhepura, in connection with Shankarpur P.S. Case No. 18 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T