Khagesh Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31669 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -BIHPUR District- BHAGALPUR ======================================================
1. Khagesh Sah S/o Prabhunath Sah Resident of Village lattipur, Police Station Bihpur, District Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Bihar State Food & Civil Supply Corporation, Bihar, Patna through its Managing Director.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the State : Ms. Gulnar Begum, APP For the B.S.F.C. : Mr. Awadhesh Kumar, Advoate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the B.S.F.C. The petitioner apprehends his arrest in connection with Bihpur P.S. Case No.86 of 2015 registered under Sections 420, 406, 407, 304 of the Indian Penal Code and section 7 of the E.C. Act.
Learned counsel for the petitioner submits that the rice recovered from his premises was not delivered to him by the contractor meant for mid-day-meal. On the contrary, the rice was purchased from the agriculturist, namely, M/s Ambey Rice Mill for which he has receipts. It is further submitted that the rice bags, so recovered, were not belonging to SFC and therefore, the petitioner cannot be attached with criminal liability. Considering the afore-mentioned submissions and the fact that the petitioner was not a PDS dealer, let the petitioner, named above, in the event of his arrest/surrender in the court
Patna High Court Cr.Misc. No.31669 of 2015 (2) dt.13-08-2015 2/2 below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the Additional Chief Judicial Magistrate, Naugachia in connection with Bihpur P.S. Case No.86 of 2015, subject to condition laid down under Section 438(2) of the Cr.P.C.
(Anjana Mishra, J) ahk/- U T