Keshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47546 of 2016 Arising Out of PS.Case No. -97 Year- 2016 Thana -MADANPUR District- AURANGABAD ====================================================== Keshwar Mahto, Son of Late Karmu Mahto, resident of Village- Laltenganj, P.S.- Madanpur, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagandeo Yadav, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-11-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Madanpur P.S. Case No.97 of 2016 for allegedly having committed the offence under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that 17 bags of rice were recovered from magic van which, it is alleged, belonged to the petitioner and were meant for distribution to the beneficiaries through the Public Distribution System. As such, the petitioner, who is the van owner, has been named in connection with the present case. Learned counsel for the petitioner further submits that the petitioner is merely the van owner and has nothing to do with the sale and purchase of any

Patna High Court Cr.Misc. No.47546 of 2016 (2) dt.18-11-2016 2/2 material. The vehicle is only hired for transportation of such materials.

Considering the aforementioned facts and circumstances, it appears that the petitioner being merely the van owner cannot be held liable for transportation of the rice from one place to another as he had no knowledge about its intended uses.

In view of such facts and circumstances and that the petitioner has got no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Madanpur P.S. Case No.97 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T