Gautam Kumar @ Gautam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16832 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Gautam Kumar @ Gautam Sah, son of Late Arun Kumar, resident of Puraniganj, P.S.- Kasim Bazar, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : . Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 12 of 2017 registered for the offences punishable under Section 7 of the Essential Commodities Act. Petitioner is not named in the FIR and allegation is that one tempo was intercepted and from the tempo 24 bags of rice, each containing 50 kg. were recovered and driver of the tempo has disclosed that the rice was loaded by the petitioner for black-marketing.

It has been submitted on behalf of the petitioner that petitioner was not present at the spot, rather name of the petitioner transpires on the basis of confessional statement of co-accused and there is nothing on record to show that the rice was of public distribution system.

Patna High Court Cr.Misc. No.16832 of 2017 (2) dt.18-04-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of his arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Munger, in connection with Muffasil P.S. Case No. 12 of 2017, G.R.No. 116 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds and further petitioner will not induce any witness or tamper with the evidence. (Vinod Kumar Sinha, J) spal/- U