Boua Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77882 of 2018 Arising Out of PS. Case No.-18 Year-2016 Thana- SHANKARPUR District- Madhepura ====================================================== Boua Sardar Son of Kaleshewar Sardar Resident of Village - Kaslhua, P.S. - Shankarpur, Distt. - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 This application for grant of anticipatory bail in connection with Shankarpur P.S. Case No. 18 of 2016, disclosing offences under Section 7 of the Essential Commodities Act, 1955.

Allegation against the petitioner, who is a P.D.S dealer, is that he sold the food-grains in black market. Submission of learned counsel for the petitioner is that the police after investigation did not found the involvement of this petitioner and submitted charge-sheet against two accused persons, which will appear from the impugned order itself. Further submission is that other co-accused person against whom charge-sheet had been submitted, has been granted privilege of anticipatory bail vide order dated 17.01.2017 passed in Cr. Misc. No. 1455 of 2017.

Patna High Court Cr.Misc. No.77882 of 2018(2) dt.03-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhepura, in connection with Shankarpur P.S. Case No. 18 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T