Vinod Rai @ Vinod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73067 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- RAJEPUR District- East Champaran ====================================================== Vinod Rai @ Vinod Kumar Yadav son of Late Jagarnath Rai, resident of Village- Madhuaha Mal, P.S.- Rajepur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

The application for anticipatory bail arises out of Rajepur P.S. Case No. 130 of 2018, disclosing offence under Section 7 of the Essential Commodities Act.

There is allegation that one Subodh Kumar had indulged himself in black-marketing of the government foodgrains and, on the basis of a tip-off , 37 bags of rice loaded in a pick-up van was removed.

Learned counsel, appearing on behalf of the petitioner, has submitted that the petitioner is not named in the FIR and he has been implicated only because he happens to be he brother of said Subodh Kumar. He has also submitted that no purpose would be served if the petitioner is taken into

Patna High Court Cr.Misc. No.73067 of 2018(2) dt.19-12-2018 2/2 custody and that he shall present himself before the police or the court as and when required.

Considering the above submission, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the court below, 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 Sub-Divisional Judicial Magistrate, Sadar, Moihari, East Champaran in Rajepur P.S.Case No. 130 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T