Jitendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43479 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -GARKHA District- SARAN ====================================================== Jitendra Kumar Sah, S/o Yogendra Prasad, resident of Village- Sadhpur, P.S.- Garkha, District- Saran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. N. K. Agarwal, Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Section 7 of the E.C. and Sections 420, 427, 201, 120(B)/34 of the Indian Penal Code. The police has seized twenty five bags of wheat, making an allegation that wheat is for the purposes of PDS. Learned counsel for the petitioner submits that petitioner is dealer of wheat and he has purchased the same with proper invoice and the same was kept in the godown. Allegation is completely illegal because it was in a bag of FCI which can not be said to be for the purposes of PDS.

Looking to the facts and circumstances of the case, in the

Patna High Court Cr.Misc. No.43479 of 2018 (2) dt.23-07-2018 2 /2 event of arrest or surrender within four weeks from today, let petitioner, namely, Jitendra Kumar Shah, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Saran in connection with Garkha P.S. Case No.85 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that whenever police will call the petitioner for investigation/integration, he will present himself to co-operate police for the same. In failure, the prosecution will be at liberty to file an application for cancellation of bail before court below.

(Shivaji Pandey, J) Vinay/Sunny U T