Patna High CourtCR. MISC./45868/2014bail granted

Pawan Kumar Choudhary v. The State Of Bihar

2015-04-10Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45868 of 2014 Arising Out of PS.Case No. -476 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Pawan Kumar Choudhary Son of Shri Kailash Choudhary, resident of Village - English, Ward No. - 4, P.S. - Lakhisarai, Distt. - Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajendra Prasad, Sr. Advocate Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Md. Arif (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 10-04-2015 Heard the parties.

The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 476 of 2014 for offence punishable under Sections 420/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

The allegation against the petitioner is that he had indulged in black marketing of the grains received for distribution as a dealer under the Public Distribution System (Control) Order. Mr. Rajendra Prasad, learned senior counsel appearing on behalf of the petitioner submits that even when such allegation is yet to be established that a criminal case has been instituted on mere presumption.

Having heard learned counsel for the parties and

Patna High Court Cr.Misc. No.45868 of 2014 (2) dt.10-04-2015 taking note of nature of allegation, let the petitioner Pawan Kumar Choudhary in the event of his arrest or surrender before the court below within four weeks from today be released on bail upon furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 476 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Jyoti Saran, J) S.Sb/- U