Hare Ram Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7097 of 2018 Arising Out of PS.Case No. -69 Year- 2017 Thana -DARAUNDHA District- SIWAN ====================================================== Hare Ram Patel, son of Late Uma Shankar Patel, resident of VillagePhalpura, Police Station Daraunda, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Daraunda Police Station Case No. 69 of 2017 registered for the offence under section 7 of the Essential Commodities Act. It has been submitted that the petitioner was owner of a Pick-up Van over which the informant allegedly seized food grains. The allegation of indulgence of this petitioner in black marketing is omnibus. The PDS dealer against whom there is an allegation of black marketing, has been allowed anticipatory bail by one of the coordinate Bench of this Court in Cr. Misc. No.43393 of 2017. The case of the petitioner stands on similar footing.

Patna High Court Cr.Misc. No.7097 of 2018 (3) dt.27-02-2018 2/2 The learned Additional Public Prosecutor on the other hand, opposed the submission.

Considering the case of petitioner stands on similar footing, the prayer for bail is allowed and the above named petitioner in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Daraunda Police Station Case No. 69 of 2017, subject to conditions as laid down under section 438(2) Cr.P.C. with further condition:

(1)One of the bailors of the petitioner shall be Local person having sufficient immovable Property within the jurisdiction of the concerned Court.

(2)The petitioner will not induce any witness or tamper with the evidence.

(3)The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(4) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T