Patna High CourtCR. MISC./49784/2017bail granted

Dharmendra @ Dharmendra Jaiswal v. The State Of Bihar

2017-10-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49784 of 2017 Arising Out of PS.Case No. -131 Year- 2017 Thana -GUTHNI District- SIWAN ======================================================

1. Dharmendra @ Dharmendra Jaiswal, S/o Late Dhunmun Jaiswal, Resident of Village- Sohanpur, P.S.- Bankatta, District- Deoria, Uttar Pradesh.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikas Ratan Bharti, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodity Act.

23.40 quintals of rice was found on a vehicle which was said to have been purchased from a P.D.S. dealer. Submission of the learned counsel for the petitioner is that the petitioner is not a P.D.S. dealer nor the rice is a controlled item. Section 7 of the Essential Commodities Act is not applicable.

Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender

Patna High Court Cr.Misc. No.49784 of 2017 (2) dt.18-10-2017 P2/ before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Guthani Police Station Case No. 131 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T