Raju Prasad @ Raju Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7976 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ======================================================
1. Raju Prasad @ Raju Kumar Prasad S/o Kanhaiya Prasad, R/o VillageRaghunathpur, P.S.- Raghunathpur, District- Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Chandra, Advocate For the Opposite Party/s : Mr. Sri Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.
The petitioner is apprehending his arrest in connection with Raghunathpur P.S.Case No. 188 of 2017, registered for offences punishable under Section 7 of Essential Commodities Act.
The case of the prosecution is that one red color Mahindra Jito Pickup van was parked in front of food grain shop and 6.72 quintals of rice was found near the passage of the shop of one Santosh Kumar.
Learned counsel for the petitioner submits that no recovery was made from the possession of the petitioner and the petitioner is stated to be driver of the Pick up van from which the
Patna High Court Cr.Misc. No.7976 of 2018 (2) dt.22-02-2018 2/2 said rice was allegedly unloaded.
Learned Additional Public Prosecutor opposes the prayer of bail.
Under the facts and circumstances, the prayer for anticipatory bail of the petitioner is allowed and in the event of his arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each in connection with Raghunathpur P.S. Case No. 188 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Siwan, subject to the conditions laid down under Section 438 ( 2) Cr.P.C (Mohit Kumar Shah, J) Sudha/- U T