Md. Asif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20384 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. ASIF Son of Md. Alam Resident of Village - Gachpara, P.S. and District - Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Shamimul Hoda For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Kishanganj P.S.Case No.15 of 2019 , registered for offences punishable under Section 7 of E.C. Act. Allegation against the petitioner is about recovery of 5 empty cylinders and 9 small cylinders from the Garage of the petitioner.
Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and he is ready to abide by any condition imposed upon him and further no offence is made out under Section 7 of the E.C. Act against the petitioner as he is not the Dealer.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court CR. MISC. No.20384 of 2019(2) dt.07-05-2019 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Kishanganj in connection with Kishanganj P.S.case No.15 of 2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T