Dr. Athar Imam @ Athar Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 60271 of 2018 Arising Out of PS. Case No.-550 Year-2018 Thana- Phulwari Sharif District- Patna ====================================================== Dr. Athar Imam @ Athar Imam son of late Abdul Shakkur @ late Dr. Shukur, resident of Village - Nohsa, P.S. - Phulwari Sharif, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anis Akhtar For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

28-09-2018 Heard Mr. Md. Anis Akhtar, learned counsel for the petitioner and Sri Satya Nand Shukla, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Special Case No. 3 of 2018, arising out of Phulwari Sharif P.S. Case No. 550 of 2018 registered for offence under Section 7 of the Essential Commodities Act, 1955, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that petitioner is proprietor of a gas agency and he has been made accused in the present case only in view of certain irregularities committed by the petitioner. By way of referring to F.I.R., learned counsel for the petitioner submits that such irregularity was committed, which was beyond the control of the petitioner,

Patna High Court Cr.Misc. No.60271 of 2018(2) dt.28-09-2018 2/2 since due to damage of the road, the gas cylinders were unloaded near the road side.

Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

However, after examining the material on record, the Court is satisfied that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Dr. Athar Imam @ Athar Imam be enlarged 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 Special Judge (Essential Commodities) cum Sub Divisional Judicial Magistrate, Patna, District - Patna in connection with Special Case No. 3 of 2018, arising out of Phulwari Sharif P.S. Case No. 550 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T