← Library
Patna High CourtCR. MISC./5957/2017bail granted

Vinod Saw v. The State Of Bihar

2017-02-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5957 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Vinod Saw, S/o Shri Jawahar Saw, Resident of village- Shastrinagar, near Lal Bahadur Atta Chakki, Camp-I Supala Bhilai, P.S. Chhawni, SubDivision- Durg, District Chhatisgarh at present residing at village Tetarhat P.S. Halsi, District Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kumar, Advocate For the Opposite Party : Mr. Satyavarat Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Supplementary affidavit has been filed on behalf of the petitioner, let it be kept on record.

Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Surajgarha P.S. Case No. 196 of 2016, registered for the offence punishable under Section 7 E.C. Act.

Allegedly, on Truck No. CG07AZ 8115 which was of the petitioner, 194 quintals rice was loaded which was seized as the same was government supply rice.

Submission is of false implication and that the recovered articles have been purchased from M/s. Maa Durga Industries, Munger by Naveen Trading Company, Raipur vide

Patna High Court Cr.Misc. No.5957 of 2017 (2) dt.27-02-2017 2/2 Memo No. 118 dated 12.08.2016 and during course of transportation same has been seized by Suryagraha Police on same day. The seized articles does not belong to subsidized rice. The said truck has already been released in favour of the petitioner and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned S.D.J.M., Lakhisarai, in connection with Surajgarha P.S. Case No. 196 of 2016 (G.R. No. 1231 of 2016), subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T