Patna High CourtCR. MISC./27743/2014bail granted

Nirmal Singh v. The State Of Bihar

2015-01-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27743 of 2014 Arising Out of PS.Case No. -162 Year- 2014 Thana -PURNEA SADAR District- PURNIA ====================================================== Nirmal Singh, S/o Late Nawal Kishore Singh, Resident of VillageRajwara, P.S- Mufassil, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate & Mr. D.N. Tewari, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehending his arrest in connection with Purnia Sadar P.S. Case No. 162 of 2014 registered for the offences alleged under Section 7 of the E.C. Act seeks privilege of pre arrest bail.

Allegedly 510 liter of K-oil kept in three drums and 12 L.P.G. gas cylinder filled with gas were recovered from the house of the petitioner.

Submission is that the petitioner is not P.D.S. dealer and as such no offence under Section 7 of the E.C. Act is made out and moreover, the petitioner has to face the trial and the law will take its own course and as such the petitioner deserves sympathetic consideration to which the learned A.P.P.

Patna High Court Cr.Misc. No.27743 of 2014 (5) dt.05-01-2015 opposes.

Considering that the seizure has already been effected and the petitioner has to face the trial and law will take its own course, in case of above named petitioner's surrender or arrest before the court below within one month from the date of communication of this order shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Purnea Sadar P.S. Case No. 162 of 2014 with condition as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) P.K./- U T