Rajendra Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10701 of 2020 Arising Out of PS. Case No.-309 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

Rajendra Kumar Mandal Son of Gauri Prasad Mandal Resident of Village - Kodwar, P.S.- Ghogha, Distt.- Bhagalpur.

2.

Suman Kumar Sah @ Suman Kumar Son of Late Chamru Sah @ Late Chamak Lal Sah Resident of Village - Udayrampur, P.S.- Kahalgaon (Ghogha), Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Kahalgaon (Ghogha) P.S. Case No. 309 of 2019 for the offence under section7 of E.C. Act.

Learned counsel for the petitioners submits that petitioner no.1 has no criminal antecedent whereas petitioner no.2 has criminal antecedent.

In the instant case six bags of rice was seized loaded on a Thela. The petitioners were not named in the FIR. Later on, they have been roped in the case that they have been found in black marketing of the rice for public distribution

Patna High Court CR. MISC. No.10701 of 2020(2) dt.03-03-2020 2/2 system. The petitioners are neither PDS dealer nor they have any connection with the distribution of rice among the ration card holders. Moreover, the rice is not covered by any licensing order.

In the aforesaid backdrop, the Court is inclined to grant anticipatory bail to the petitioners, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon (Ghogha) P.S. Case No. 309 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T