Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7578 of 2017 Arising Out of PS.Case No. -483 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Vishal Kumar Son of Om Prakash Sah, R/o Village-Khajanchi Hat, P.s.- K.Hat. District-Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agarwal Mr. Bidu Ranjan For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 The petitioner is apprehending his arrest in connection with Sadar P.S. Case No. 483 of 2016, registered for offences punishable under Sections 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

It has been submitted on behalf of the petitioner that though there is no control order with respect to movement of rice but there is also nothing available on the record so as to suggest the recovered rice belongs to the P.D.S. Scheme or the same has been lifted from the godown of F.C.I. Petitioner is the owner of the truck from which the alleged rice has been recovered and he has nothing to do with the allegations made in the present case. Petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.7578 of 2017 (2) dt.28-02-2017 2/3 Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with Sadar P.S. Case No. 483 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and also produce all the necessary documents as required and on the event of failure on his part to appear before the police on two consecutive dates without showing any

Patna High Court Cr.Misc. No.7578 of 2017 (2) dt.28-02-2017 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

It is also made clear that if during investigation, if any incriminating material comes against the petitioner, the prosecution will be at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T