Rajendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8330 of 2020 Arising Out of PS. Case No.-318 Year-2019 Thana- SIKANDRA District- Jamui ====================================================== Rajendra Mahto, aged about 65 years, Male, S/o Late Lakhan Mahto (Owner of the Shivani Line Hotel Bichhaway), Resident of Village - Bichhaway, P.S. - Sikandra, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahesh Prasad For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Sikandara P.S. Case No. 318 of 2019 registered for the offence under Section 379 of the Indian Penal Code and Section 7 of the E.C. Act. As per the prosecution case, five bags of rice of T.D.P.S., Sheikhpura has been recovered from a line hotel and petitioner is owner of the said hotel.

It is submitted on behalf of petitioner that petitioner is 65 years old and he is neither PDS dealer nor the driver of the truck, in which, the aforesaid rice was loaded, but petitioner has been dragged in this case only because he failed to fulfill the illegal demand of police. Petitioner has no criminal antecedent, as

Patna High Court CR. MISC. No.8330 of 2020(3) dt.14-12-2020 2/2 stated in paragraph - 3 of the petition.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. In the event of his arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Sikandara P.S. Case No. 318 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T