Patna High CourtCR. MISC./28494/2015bail granted

Nagina Yadav @ Nagina Prasad Yadav v. The State Of Bihar

2015-07-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.28494 of 2015 (2) dt.23-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28494 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nagina Yadav @ Nagina Prasad Yadav son of late Dwarika Yadav resident of village Dhokraha, P.S. Ramnagar, Distt. West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rana Bhupendra Narayan Singh For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Ramnagar P.S. Case No. 13 of 2015 registered for the offence punishable under Section 7 of Essential Commodities Act. Petitioner happens to be P.D.S. dealer but admittedly, he was not caught on the spot rather the driver of the van disclosed the name of petitioner and stated that the seized wheat were lifted from the shop of the petitioner.

The contention on behalf of the petitioner is that this false case has been lodged against the petitioner as the grand son of petitioner was witness in a vigilance case against the then Circle

Patna High Court Cr.Misc. No.28494 of 2015 (2) dt.23-07-2015 Officer.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on 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, Bagaha, West Champaran in Ramnagar P.S. Case No. 13 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T