Arjun Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.37320 of 2014 (2) dt.13-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37320 of 2014 Arising Out of PS.Case No. -214 Year- 2013 Thana -CHHATAPUR District- SUPAUL ====================================================== Arjun Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bidhan Chandra Jha For the Opposite Party/s : Mr. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Chhatapur P.S. Case No. 214/13 registered for the offences punishable under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that admittedly the said bags of wheat had been unloaded in petitioner's premises on account of the fact that the Public Distribution System dealer who had left the wheat packets in the aforesaid premises because the tractor had become dysfunctional, on which the wheat bags were loaded.

Learned counsel for the petitioner further submits that the said packets of wheat had been unloaded only as long as the tractor was sent for repairing and that he had nothing to do with the

Patna High Court Cr.Misc. No.37320 of 2014 (2) dt.13-04-2015 said wheat packets.

It is further submitted that the Public Distribution System dealer has subsequently claimed the 113 packets of public wheat and he has also been extended the privilege of anticipatory bail by this Hon'ble Court vide order dated 02.08.2014 passed in Cr. Misc. No. 20683 of 2014 and order dated 22.07.2014 passed in Cr. Misc. No. 17614 of 2014 respectively (Annexures 2 and 3). Considering the aforementioned submission and also the fact that the petitioner has no criminal antecedent, let the petitioner, in the event of his arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Supaul in connection with Chhatapur P.S. Case No. 214/13, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U