Patna High CourtCR. MISC./51858/2015bail granted

Chandeshwar Prasad Tiwari v. The State Of Bihar

2015-11-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51858 of 2015 Arising Out of PS.Case No. -44 Year- 2013 Thana -SIMRI District- DARBHANGA ====================================================== Chandeshwar Prasad Tiwari, Son of Late Thakur Prasad Tiwari, Resident of Village - Harpur, P.S. - Simri, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

Thirty nine litres of kerosene oil were seized when the villagers intercepted a bullock cart being driven by Laxmi Thakur who suggested that he was taking it from the PDS shop of the petitioner.

It is submitted by learned counsel for the petitioner that admittedly the seizure was not made from the petitioner and on conclusion of the investigation petitioner was not sent up for trial but differing with the final form cognizance has been taken.

Patna High Court Cr.Misc. No.51858 of 2015 (2) dt.10-11-2015 2/2 A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Darbhanga in connection with Simri P.S. Case No. 44 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T