Bindeshwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29238 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -MAGADH UNIVERSITY District- GAYA =====================================

1. Bindeshwar Chaudhary, son of Late Karu Chaudhary, resident of village- Piprahiya, P.S.- Magadh University (Bodh-Gaya), District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Satya Nand Shukla ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Magadh University P.S. Case No. 32 of 2016, disclosing offences under Section 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act. The petitioner is a PDS dealer. It is alleged against him that in course of stock verification of the

Patna High Court Cr.Misc. No.29238 of 2016 (2) dt.20-08-2016 2/3 shop, less kerosene oil, rice and wheat was found than the same should have been there in the go-down. It is also alleged that the petitioner must have sold substantial quantity of kerosene oil, rice and wheat in black-market. Learned counsel for the petitioner has submitted that the petitioner is in a position to account for shortfall in the go-down, which he can explain to the authorities concerned. It has further been submitted that this is for the first time that the petitioner has been implicated in a case registered under Section 7 of the Essential Commodities Act.

In view of the submission, as above, 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IXth, Gaya, in connection with Magadh University P.S. Case No. 32 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner, above named, shall present himself before the police/Court, as the case may be, as and when required

Patna High Court Cr.Misc. No.29238 of 2016 (2) dt.20-08-2016 3/3 and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T