Vijay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17952 of 2017 Arising out of PS.Case No. -15 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Vijay Prasad S/o Late Gulabchand Ram, Resident of Village- Usari, P.S.- Dawath, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Bhagat For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Dawath P.S. Case No. 15 of 2017, registered under section 7 of the Essential Commodities Act. Allegation against the petitioner is that he being the P.D.S. dealer, was caught by the Police in connection with unauthorized sale of 60 bags of wheat.

It has been submitted on behalf of the petitioner that the recovery was made from his brother which was kept for distribution and later on during inspection nothing was found abnormal in the petitioner's P.D.S. shop.

Heard learned A.P.P. also who has opposed the prayer for bail.

Having heard both sides and in view of the direct allegation, I am not inclined to grant anticipatory bail to the

Patna High Court Cr.Misc. No.17952 of 2017 (2) dt.01-05-2017 petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. With the aforesaid observation, this application is disposed of accordingly.

(Vinod Kumar Sinha, J) S.Sb/- U T