Rajeev Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34972 of 2017 Arising Out of PS.Case No. -162 Year- 2017 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Rajeev Kumar, Son of Kishor Sah, R/o Mohalla- Muradan Tola, P.S.- Teghara, District- Begusarai.

2. Manish Kumar Son of Shri Binod Sah, R/o Teghra Bazar, Near Agrasen Bhawan, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gautam Kumar Kejriwal For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Teghra P.S. Case No. 162 of 2017/ G.R. No. 1847 of 2017 for the offences punishable under section 414/34 of the I.P.C and section 7 of the Essential Commodities Act, 1955.

Allegedly, the petitioner no.1 being owner of the godown and petitioner no.2 being Munshi were found loading truck with rice and 128 bags of rice were seized with the truck besides that from the rooms and Varanda 126 bags of wheat and 312 bags of rice were seized.

Patna High Court Cr.Misc. No.34972 of 2017 (2) dt.10-08-2017 2/2 Submission is of false implication and that in 2002 the food grains have been excluded from the Control Order, there is no allegation that the seized rice and wheat were of Subsidized Government shop and as such the petitioners having committed no offence deserve sympathetic consideration.

The learned A.P.P. fairly submits that the rice and wheat are now decontrolled items.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. S.D.J.M. Begusarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T