Dhirendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63401 of 2018 Arising Out of PS. Case No.-225 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== Dhirendra Yadav Son of late Mahabir Prasad Yadav Resident of VillageGhorghat, Gram Panchayat Rampur, P.S. Muffasil, Raniptra,Distt.-Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 7 of Essential Commodities Act. The prosecution case, in brief, is that 150 kgs of rice was recovered on a motorcycle. It is alleged that the said rice was purchased from the petitioner, who is a PDS dealer. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. 150 kg. of rice is alleged to have been recovered from a motorcycle. The motorcycle, in question, does not belong to the petitioner. The name of the petitioner has transpired on the basis of

Patna High Court Cr.Misc. No.63401 of 2018(2) dt.14-12-2018 2/2 disclosure made by co-accused. The petitioner is a PDS dealer. Due to village politics, the petitioner has been dragged in this case. As per stock register, there was no shortage of foodgrains. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Purnea in connection with Sadar (Muffasil) P.S. Case No. 225 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T