Patna High CourtCR. MISC./15816/2015bail granted

Baijnath Rai v. The State Of Bihar

2015-04-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15816 of 2015 Arising Out of PS.Case No. -124 Year- 2014 Thana -LAUKARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Baijnath Rai son of Late Pahun Rai, Resident of village- Balua, Police Station- Laukariya, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zainul Abedin, Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

It is alleged that 33 quintals wheat and 52 quintals of rice were seized, when it was unloaded at the door of the petitioner on 30.11.2014.

It is submitted by the learned counsel for the petitioner that the petitioner being the P.D.S. dealer lifted the grains on 29.11.2014 but due to some transportation difficulty it was transported on next day and while it was unloaded at the door of the petitioner, it was seized, hence only on suspicion the accusation has been

Patna High Court Cr.Misc. No.15816 of 2015 (2) dt.16-04-2015 levelled. The First Information Report was registered on 30.11.2014 which sent to the court of learned Additional Chief Judicial Magistrate on 02.12.2014 it reflects that the ante dating. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Laukariya P.S. Case No. 124 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T