Patna High CourtCR. MISC./16739/2016disposed

Binit Kumar Thakur v. The State Of Bihar

2016-04-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16739 of 2016 Arising Out of PS.Case No. -493 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Binit Kumar Thakur, son of Shri Jai Prakash Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-04-2016 Learned counsel for the petitioner is permitted to make necessary correction in the petition.

Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

Prosecution case is that the Block Supply Officer, Simari, Bakhtiyarpur, intercepted four trucks each loaded with 31 quintals of wheat in 62 bags, when 98 bags of wheat were recovered near the go-down of co-accused Prem Kumar Bhagat. It is submitted by learned counsel for the petitioner that petitioner is one of the tractors and one Aman Kumar Singh, who claimed to have purchased the wheat from the

Patna High Court Cr.Misc. No.16739 of 2016 (2) dt.19-04-2016 2/2 agriculturist and has filed an application for release of the seized grains. The petitioner is not a PDS dealer. A statement has been made in paragraph three of the petition that the petitioner is accused in two other cases, wherein he is on bail. Co-accused Birendra Bhagat has been granted anticipatory bail by this Court vide Criminal Miscellaneous No.15165/2016.

The aforesaid facts constitute good ground 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 within a period of six weeks in connection with Bakhtiyarpur P.S. Case No.493/2015, pending before the learned SDJM, Saharsa. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T