Patna High CourtCR. MISC./2756/2018allowed

Sushil Kumar v. The State Of Bihar

2018-02-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2756 of 2018 Arising Out of PS.Case No. -233 Year- 2017 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Sushil Kumar S/o Shiv Pujan Prasad R/o-Po-Makam Rajpur Ps-Rajpur, District-Rohtas PIn-802219.

.... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Md. Imtiyaz Hussain For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner, counsel appearing on behalf of the State and Mrs. Namrata Mishra, counsel appearing for BSFC. The petitioner is apprehending arrest in connection with Nasriganj (Rajpur) P.S. Case No. 233 of 2017 instituted for offence under Section-7 of Essential Commodities Act. Learned counsel for the petitioner submits that in the present case, there is no violation of any licencing order and as such, the provision of Section-7 EC Act is not attracted. Referring the FIR, he submits that the informant suspects that the wheat stored in the godown was of FCI.

Learned counsel appearing for BSFC submits that the BSFC has no role in the present case as there is no instruction to the extent that wheat seized from the godown of the informant was of FCI. In view of the above, this court is inclined to grant anticipatory bail to the petitioner.

Patna High Court Cr.Misc. No.2756 of 2018 (3) dt.27-02-2018 event of arrest or surrender in the court below within a month from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj in connection with Nasriganj (Rajpur) P.S. Case No. 233 of 2017 subject to condition as laid down u/S 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) A.K.V./- U T