Patna High CourtCR. MISC./6475/2017allowed

Gopalji Prasad v. The State Of Bihar

2017-02-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.6475 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6475 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Gopalji Prasad Son of Late Dewakinandan Prasad R/o Village- Quazi bazar, Maharajganj, P.S. Maharajganj, District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Aslam Ansari For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Maharajganj Police Station Case No. 07 of 2016, disclosing offences under Section 7 of the E.C. Act. Learned counsel for the petitioner, at the very outset, has submitted that this petitioner has not been named in the F.I.R. and has falsely been implicated in this case. In fact, the whole prosecution story revolves around one Akhileshwar Prasad, who is a PDS dealer on whose shop, raid has been made and seizure list has been prepared and, accordingly, was made accused. Admittedly, the petitioner runs a P.D.S. shop but he has no concern with Akhileshwar Prasad. Moreover, accused,

Patna High Court Cr.Misc. No.6475 of 2017 (2) dt.20-02-2017 Akhileshwar Prasad, has been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 32629 of 2016. Hence, the petitioner also deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Maharajganj Police Station Case No. 7 of 201, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T