Shamim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14743 of 2016 Arising Out of PS.Case No. -31 Year- 2009 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shamim Akhtar Son of Yasin Ansari resident of village - Ghorpakadi, P.S. Inarwa, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Inerwa Police Station Case No. 31 of 2009, disclosing offence under Section 7 of the Essential Commodities Act.

Learned Counsel appearing on behalf of the petitioner has submitted that no tangible purpose will be served if the petitioner is taken into custody in connection with the said Inerwa Police Station Case No. 31 of 2009. According to him, the petitioner is a businessman and there is no chance of his fleeing from the course of investigation or trial. It has further been submitted that the petitioner is the owner of M/s Alam Khand Bhandar, having valid

Patna High Court Cr.Misc. No.14743 of 2016 (2) dt.29-04-2016 2/2 licence, from near which the Urea was recovered. Considering the above submission and the facts and circumstances of the present case, this application is allowed.

Let the petitioner, Shamim Akhtar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Inerwa Police Station Case No. 31 of 2009, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √