Hari Kishore Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12878 of 2016 Arising Out of PS.Case No. -120 Year- 2007 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Hari Kishore Prasad son of Late Kedar Prasad resident of VillageGamhariya, P.S.- Raxaul, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.
The prosecution case is that on 06.09.2007 Fair Price Shop of the petitioner was found closed and price board was also missing, when shop of the petitioner was sealed. It is submitted by the learned counsel for the petitioner that on conclusion of investigation the petitioner was not sent up for trial. Final Form was submitted on 28.02.2010, but differing with the Final Form order of cognizance was passed on 22.01.2012 but no process was served upon the petitioner. Hence, the petitioner was not
Patna High Court Cr.Misc. No.12878 of 2016 (2) dt.30-03-2016 aware about the order of cognizance has been passed. Considering the fact that the petitioner was not sent up for trial, it is a case for consideration of prayer for regular bail, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Raxaul P.S. Case No. 120 of 2007, pending in the court of learned Sub-Divisional Judicial Magistrate, Motihari, East Champaran.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T