Durga Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13051 of 2018 Arising Out of PS.Case No. -373 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Durga Sah, Son of Late Butan Sah, Resident of Village-Bhadwar, P.S.- Chandi, District-Bhojpur (Ara).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 The petitioner is apprehending his arrest in connection with Ara Town P.S. Case No. 373 of 2017, registered for offences punishable under Section 7 of the Essential Commodities Act. Allegation as per F.I.R that police intercepted a tractor and recovered 31 bags of D.A.P. fertilizers from the tractor and on being asked on licence was produced.

It has been submitted on behalf of the petitioner that petitioner only happens to be driver of the said tractor and has nothing to do with the seized bags and the articles belong to one Anil Kumar and he has annexed the licence of the said Arbind Kumar of the company M/s. Alok Enterprises.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date

Patna High Court Cr.Misc. No.13051 of 2018 (2) dt.04-04-2018 2/2 of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bhojpur, Ara in connection with Ara Town P.S. Case No. 373 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T