Mantoo Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4513 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -HALSI District- LAKHISARAI ====================================================== Mantoo Sao .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Smt. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code and Section 7 of the Essential Commodities Act. 17 bags of rice were recovered from a vehicle when it was suspected to have been transported by Amit Paswan, the driver of the vehicle from the PDS dealer. Subsequently, Amit Paswan confessed that the petitioner directed him to transport the rice from PDS dealer Rajeshwari Rai.

It is submitted by learned counsel for the petitioner that rice was recovered from the Amit Paswan and except confession of Amit Paswan there is nothing on record to suggest the complicity of the petitioner. Moreover, the petitioner is not the PDS dealer. A statement has been made in para 3 of the petition

Patna High Court Cr.Misc. No.4513 of 2016 (2) dt.02-02-2016 2/2 that the petitioner has no criminal antecedent. Considering the aforesaid facts, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Lakhisaraiin connection with Halsi (Ramgarh Chowk) P.S. Case No. 165 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T