Laxman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2570 of 2017 Arising Out of PS.Case No. -256 Year- 2016 Thana -DUMRA District- SITAMARHI ======================================================

1. Laxman Sah, S/o Sri Sahdeo Sah, Resident of Village- Biswanathpur, Panchayat- Rasalpur, P.S.- Dumra, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Sri Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 256 of 2016 registered under Sections 7 of the Essential Commodities Act.

The accusation is that on receiving secret information about selling of grains by P.D.S. dealer in the black market the informant being the Block Supplier, Dumra went in village Rasalpur, P.S. Dumra and recovered 12 bags of rice, tagged S.F.C. mark each containing 50 Kgs. to the house of Saroj Sah. Villagers told that the rice bags were carried by Saroj Sah from the fair price shop of Laxman Sah (petitioner).

Learned counsel for the petitioner submits that while

Patna High Court Cr.Misc. No.2570 of 2017 (2) dt.07-03-2017 2/2 allegation has been made that the seized rice bags were carried from the fair price shop of the petitioner but stock of the petitioner was not inspected at that time. Moreover, the licence of fair price shop of the petitioner has already been suspended and the petitioner has no criminal antecedent. Moreover, the co-accused Saroj Sah has already been granted anticipatory bail by this Court vide Criminal Miscellaneous No. 430 of 2017.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 the learned Chief Judicial Magistrate, Sitamarhi in connection with Durma P.S. Case No. 256 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Vats/- U T