Patna High CourtCR. MISC./15702/2018bail granted

Malik Gulam Mustafa v. The State Of Bihar

2018-04-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15702 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -BAUSI District- PURNIA ===================================== Malik Gulam Mustafa S/o Late Malik Bahruddin, R/o VillageChahat, P.S.- Baisi in the District of Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Rajesh Kumar ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 The petitioner who is a P.D.S. dealer seeks bail in anticipation of his arrest in connection with Baisi P.S. Case No. 05 of 2018 dated 03.01.2018 instituted for the offence under Section 7 of the Essential Commodities Act. Six quintals of rice in twelve bags were found on a tempo vehicle which was alleged to be of the petitioner. The allegation has been levelled against him of attempting to sell the aforesaid rice in black market with the help of his son which was meant to be distributed to the beneficiaries under the scheme.

Learned counsel for the petitioner has submitted that the consignment which was seized from a tempo is wrongly stated to be of the Public Distribution System shop of the petitioner. There was no identification mark over the

Patna High Court Cr.Misc. No.15702 of 2018 (2) dt.05-04-2018 2/2 aforesaid sacks of rice for those to be identified as a commodity which was to be sold to the beneficiaries. The allegation of removing the aforesaid rice for the purposes of black-marketing is also only based on suspicion. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, be released on anticipatory bail 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, Purnea in connection with Baisi P.S. Case No. 05 of 2018.

(Ashutosh Kumar, J) Shageer/- U T