Md. Ali Siddiqui v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20518 of 2024 Arising Out of PS. Case No.-94 Year-2013 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Md. Ali Siddiqui Son Of Hafiz Moinuddin Siddiqui Resident Of VillageLoam, Ps- Sadar, Distt- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Learned counsel for the petitioner has filed the supplementary affidavit today in the Court.

2. Let it be kept on record.

3. Heard Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

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

5. As per FIR, 19 bags of wheat and 4 bags of rice, on which FCI and Punjab Government were written, were recovered from the house of the petitioner.

6. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.20518 of 2024(3) dt.18-04-2024 2/2 the petitioner is innocent and has been falsely implicated in this case. He submits that during investigation, the police has given the privilege of Section 41(1) of the Code of Criminal Procedure to the petitioner. He submits that the petitioner is not the PDS dealer, therefore, Section 7 of the E.C. Act is not applicable in this case. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail application.

7. Learned APP for the State opposes the prayer for bail.

8. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sadar P.S. Case No. 94 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T