Binod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2887 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -HISUA District- NAWADA ======================================================

1. Binod Prasad S/o Late Baleshwar Prasad, R/o Village- Amhri, P.S.- Hisua in the District of Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Hisua P.S. Case No.265 of 2017, a case under Section 7 of the Essential Commodities Act.

Thirty-nine bags of rice was allegedly recovered said to be of the Food Corporation of India.

Submission is that petitioner is not a P.D.S. dealer. Hence, Section 7 of the E.C. Act is not attracted especially in view of the fact that rice is not a controlled item and there is no material to substantiate that the rice was of the Food Corporation of India. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.2887 of 2018 (2) dt.16-01-2018 P2/ Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T