Md. Tassawar Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.15674 of 2016 (2) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15674 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Md. Tassawar Hussain Son of Firoz Mohammad Ansari Resident of Village-Chhakanbag, P.S.-Kutamba, District-Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Party : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Aurangabad Muffasil P.S. Case No. 5 of 2016 for the offences instituted under Sections 419, 420 and 120B/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

As per prosecution case, the informant alleged that the rice loaded on a truck bearing registration number JH02T-5790 was parked in the premises of Ma Bhagwati Rice Mill. Thereafter the rice of truck number JH02T-5790 was being unloaded on another truck bearing registration number CJ-04-JC/6931. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.15674 of 2016 (2) dt.16-05-2016 petitioner has got no criminal antecedent. Petitioner is the owner of the truck bearing registration no.CJ-04-JC/6931. As per the allegation, the rice bags of the FCI were being loaded in the truck of the petitioner. Petitioner has got no concern with the rice in question. The other co-accused have been granted anticipatory bail by this Court vide Cr.Misc.No.16207 of 2016 and 14514 of 2016. On behalf of the State, it has been submitted that the truck of the petitioner was used in the alleged occurrence. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Aurangabad Muffasil P.S. Case No. 5 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T