Patna High CourtCR. MISC./35713/2015bail granted

Md. Jalaluddin v. The State Of Bihar

2015-09-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35713 of 2015 Arising Out of PS.Case No. -133 Year- 2015 Thana -RANIGANJ District- ARRARIA ======================================================

1. Md. Jalaluddin son of Md. Usman Mian, resident of Village- Hassanpur, Ward No. 3, P.S.- Raniganj, Distt.- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 7 of the E.C. Act. It is alleged that 149 bags of rice of 50 Kg. each were recovered from the house of the petitioner.

It is submitted by the learned counsel for the petitioner that as per the FIR the petitioner was not present in the house and the wife of the petitioner conveyed that the petitioner was away in connection with the treatment of his child but despite the protest of the wife of the petitioner Lallan Bhagat and Niranjan Mandal stored the alleged rice in the house of the petitioner. More over, even assuming the recovery, no offence under section 7 E.C. Act is made out as it does not reflect that there was any violation of the

Patna High Court Cr.Misc. No.35713 of 2015 (2) dt.04-09-2015 2/2 provisions of section 7 E.C. Act.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Araria in connection with Raniganj P.S. Case No.133 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T