Patna High CourtCR. MISC./41549/2016bail granted

Munna Sao v. The State Of Bihar

2016-10-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41549 of 2016 Arising Out of PS.Case No. -290 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ====================================================== Munna Sao Son of Late Gaya Sao, Resident of village/Moh.- Murkatta, Police Station- Muffasil, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binay Kumar, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.07.2016 in connection with Gaya Muffasil P.S. Case No. 290 of 2016 for the offences alleged under Section 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act, 1955.

3. It is submitted that the petitioner has been falsely implicated in respect of seizure of 198 bags of rice total 99 quintals as the same had been purchased by the petitioner on 30.06.2016 in the open market against the bill issued for the same. It is further submitted that rice is no longer a control commodity in the Essential Commodities Act and no offence thereunder is made out against the petitioner. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Gaya Muffasil P.S. Case No. 290 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.41549 of 2016 (3) dt.04-10-2016 2/2 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Md. Ibrarul/BT U T