Md. Samir v. The State Of Bihar
Patna High Court Cr.Misc. No.19485 of 2017 (3) dt.28-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19485 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -GALGALIA District- KISANGANJ ======================================================
1. Md. Samir, Son of Late Ebrahim, Resident of Village- Dim Hat, P.S.- Galgalia, District- Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-06-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Galgalia Police Station Case No. 76 of 2016, disclosing offences under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be the driver of the alleged vehicle and the seized articles does not belong to any Public Distribution System. Nothing incriminating has been recovered from the conscious possession of this petitioner, which is evident from seizure list. No case under Section 7 of the E.C. Act is made out against the petitioner.
Patna High Court Cr.Misc. No.19485 of 2017 (3) dt.28-06-2017 Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kisghanganj, in connection with Galgalia Police Station Case No. 76 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J.) brajesh/- U T