Hari Om Kumar Gupta And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.25447 of 2017 (2) dt.19-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25447 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Hari Om Kumar Gupta, Son of late Baijnath Sah

2. Muniv Sah, Son of late Sheo Prasad Sah Both Resident of Village-Khaira Bhudhar, P.S.-Bikramganj Dist.-Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh, Adv., For the Opposite Party/s : Mr. Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bikramganj Police Station Case No. 30 of 2017, disclosing offences under Section 7 of the E.C. Act. Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, have falsely been implicated in this case due to earlier dispute. In fact, the petitioner No.1 happens to be the PDS dealer and petitioner No.2 is a labourer in the PDS shop of the petitioner no.1 and on account of earlier case bearing Complaint Case No. 468 of 2016 filed by the petitioner No.1against the informant and one

Patna High Court Cr.Misc. No.25447 of 2017 (2) dt.19-06-2017 Dayanand Prasad for illegal demand by the informant, which is evident form Anenxure-2, these petitioners have falsely been implicated in this case. No case under Section 7 of the E.C. Act is made out against the petitioners. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rohtas, in connection with Bikramganj Police Station Case No. 30 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T