Ganga Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33259 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -PHULPARAS District- MADHUBANI ====================================================== Ganga Prasad Mandal son of late Kusum Lal Mandal, resident of village - Kalapatti, P.S. Phulparas, District - Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Khurshid Alam For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Phulparas P.S. Case No.49 of 2015 (G.R. No.294/2015) registered for the offence punishable under Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that altogether frivolous allegation has been made against him stating that the petitioner as P.D.S. dealer had attempted to remove supplies which were to be distributed through the Public Supply System and was attempted to black marketing the same. Learned counsel for the petitioner submits that save and except the aforementioned imaginary allegation there is no material to show

Patna High Court Cr.Misc. No.33259 of 2015 (3) dt.09-11-2015 2/2 that he had attempted to black market the rice. The petitioner is responsible P.D.S. dealer and according to the petitioner he had already distributed the rice to the proper recipients. Considering the aforementioned facts and circumstances and there is no antecedent of similar nature of case of the petitioner, let the petitioner, above named, in the evident of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Jhanjharpur (Madhubani) in connection with Phulparas P.S. Case No.49 of 2015, G.R. No.294/2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) N.H./- U T