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Patna High CourtCR. MISC./9332/2019bail granted

Rajendra Prasad Yadav @ Rajendra Kumar Yadav @ Rajendra Yadav v. The State Of Bihar

2019-04-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9332 of 2019 Arising Out of PS. Case No.-639 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== RAJENDRA PRASAD YADAV @ RAJENDRA KUMAR YADAV @ RAJENDRA YADAV, S/o Ghuran Yadav, resident of village-Rahi Bigha, P.SM.U. Bodhgaya, Distt.-Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bodhgaya P.S. Case No. 639 of 2018, registered for the offences punishable under Section 409 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Allegation is of seizure of 12 quintals of rice from the tempo and the driver disclosed the name of the petitioner as a middleman.

Submission of learned counsel for the petitioner is that the petitioner is a farmer and there shall be no application either under Section 409 IPC or Section 7 of E.C. Act and one of the co-accused has been granted anticipatory bail by this Court vide order dated 8.4.2019 passed in Cr.Misc.No.22396 of

Patna High Court CR. MISC. No.9332 of 2019(3) dt.24-04-2019 2/2 2019.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Bodhgaya P.S.Case No. 639 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T