Patna High CourtCR. MISC./9284/2015bail granted

Amit Kumar v. The State Of Bihar

2015-03-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.9284 of 2015 (2) dt.09-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9284 of 2015 Arising Out of PS.Case No. -18 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ======================================================

1. Amit Kumar son of late Kesholal Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with G.O. Case No. 18 of 2013 registered for the offence punishable under Section 26(2) (1) of the Food Safety and Standards Act, 2006.

According to prosecution case, some sweets were seized from the shop of the petitioner and in course of examination in Combined Food and Drug Laboratory, Agamkuan, Patna it was found that red and green beads were present in the sweet which were not permitted colour.

The contention on behalf of the petitioner is that the shop from which the alleged seizure was made does not belong to

Patna High Court Cr.Misc. No.9284 of 2015 (2) dt.09-03-2015 the petitioner rather the brother of the petitioner is owner of the aforesaid shop. To fortify his contention, he drew my attention towards Annexure-2 to this petition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Samastipur (Special Court) in G.O. Case No. 18 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T