Jitendra Prasad Chourasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14991 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Jitendra Prasad Chourasia, son of Late Nagina Prasad Chourasia, Resident of Village- Bhabua Ward No.11, P.S.- Bhabua, District- Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bhabua P.S. Case No. 99 of 2017 instituted for the offence under Section-7 of Essential Commodities Act.
As per written report and the seizure list, the informant who is Supply Inspector raided the shop of the petitioner and other shop owners. It is alleged in the written report that the Indane gas cylinders were recovered from shop of the petitioner and accordingly, seizure list was prepared.
It has been submitted on behalf of the petitioner that he has domestic connection in his name and in the name of his other family members. He has also one commercial connection. The seized gas cylinder belonged to Bhabhi of the petitioner namely,
Patna High Court Cr.Misc. No.14991 of 2017 (2) dt.11-04-2017 2/2 Sudha Devi.
In such circumstances, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhabua P.S. Case No. 99 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua subject to conditions as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) A.K.V./- U T