Bipin Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46093 of 2014 Arising Out of PS.Case No. -47 Year- 2012 Thana -BEERPUR District- BEGUSARAI ====================================================== Bipin Mandal, Son of Late Rameshwar Mandal, Resident of villageJagdar, P.S.- Birpur, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Birpur P.S. Case No. 47 of 2012 dated 03.06.2012 instituted under Sections 7 (1) (a) of the Essential Commodities Act.

Learned counsel for the petitioner submits that as per the allegation, on an enquiry made by the Block Supply Officer-cum-Block Development Officer, Birpur, the petitioner was supplying less quantity of food-grains and K-oil and also charging high price and accordingly he was made accused in the case. It is submitted that there is general and vague allegation and even the parties, who have made objection, have not been named and the enquiry, if any, made was behind the back of the petitioner. It is submitted that the petitioner has no criminal antecedent and is in custody since 02.09.2014 upon

Patna High Court Cr.Misc. No.46093 of 2014 (3) dt.03-03-2015 surrendering before the learned court below. Learned counsel also submits that the petitioner undertakes that he shall be more careful while dealing in his business as a P.D.S. dealer. Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Birpur P.S. Case No. 47 of 2012. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J.) P.K./- U T