Ashok Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.43325 of 2014 (4) dt.16-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43325 of 2014 Arising Out of PS.Case No. -139 Year- 2014 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashok Kumar Yadav S/o late Ramji Yadav of Village-Radhwapur, P.S.- Kotwali, District-Deori, Uttar Pradesh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Raxaul P.S. Case No. 139 of 2014 corresponding to G.R. No. 478 of 2014 registered for the offences punishable under Section 120B of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that the petitioner is the owner of the truck and his truck has national permit for carrying goods and as such, his truck was hired by one Shakmbhri Trading Company for carrying fertilizers. It is further submitted that when the alleged raid was conducted in the truck, in question, the driver of the truck did not furnish papers of fertilizer

Patna High Court Cr.Misc. No.43325 of 2014 (4) dt.16-04-2015 bags which were loaded in the truck. It is further submitted that petitioner has no concern with the Shakambhri Trading Company or Gaytri Trading. He has his own business of transport by which he is earning his livelihood.

Considering the aforesaid submissions and the fact that petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Raxaul at Motihari, East Champaran in connection with Raxual P.S. Case No. 139 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T