Kaviraj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16083 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Kaviraj Sah Son of Nandlal Sah Resident of Village- Kastar Mahadev , P.S.- Bikramganj, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amaresh Kumar Jha For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bikramganj P.S. Case No. 155 of 2016 instituted for the offence under Section-7 of Essential Commodities Act.

As per allegation in the written report, this petitioner after purchasing five bags of rice from PDS dealer, Krishna Kumar Gupta, was taking the same on tempo for black-marketing. It has been submitted that co-accused namely, Krishna Kumar Gupta has been granted privilege of anticipatory bail by a coordinate bench of this court by order dated 22-12-2016 passed in Cr. Misc. No. 46544 of 2016.

Accordingly, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his

Patna High Court Cr.Misc. No.16083 of 2017 (2) dt.08-05-2017 2/2 arrest or surrender in the court below within six weeks from the date of receipt/production of 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 in connection with Bikramganj P.S. Case No. 155 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T