Patna High CourtCR. MISC./25421/2017bail granted

Umesh Gupta v. The State Of Bihar

2017-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25421 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Umesh Gupta Son of Shambhu Gupta, Resident of Village- Rajghat, Police Station- Shri Nagar Pujaha, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2017 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Shri Nagar Pujaha P. S. Case No. 8 of 2017, disclosing offences under Sections 406,409,420/34 of the Indian Penal Code and under Section 7 of the Essential Commodity Act. The police intercepted a tractor with trailer loaded with 28 bags of food grains, which were to be distributed under Public Distribution System. The P.D. S. dealer and tractor owner-cum driver have been made accused.

Learned counsel for the petitioner has submitted that the petitioner's implication is only on the allegation that the tractor belongs to him. He has secondly submitted that the P.D.S. dealer

used to distribute the food grains in the block head quarter to facilitate food distribution amongst the beneficiaries. Be that as it may, in the facts and circumstances of the case, this application is allowed.

Let the petitioner in the event of his arrest/surrender within four weeks from today in the Court below 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 the learned Chief Judicial Magistrate, Bettiah, West Champaran in Shri Nagr Pujaha P.S. Case No. 08 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U