Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10529 of 2015 Arising Out of PS.Case No. -454 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raj Kumar Sah Son of Santawan Sah, Resident of Village - Kurminia, P.S. - Adapur, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Nand Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2015 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 300 liters of K-oil was recovered from the bus, when the conductor of the bus disclosed that these K-oil were loaded by the petitioner. It is submitted by the learned counsel for the petitioner that except the confession of the conductor of the bus there is nothing against the petitioner. The petitioner is neither a P.D.S. dealer nor concerned with the seized K-oil and the conductor of the bus has not been made accused. Statement has been made in para-3 of the

Patna High Court Cr.Misc. No.10529 of 2015 (2) dt.13-03-2015 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Muffasil Lakhaura P.S. Case No. 454 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