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Patna High CourtCR. MISC./10031/2018bail granted

Latru Patel v. The State Of Bihar

2018-02-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10031 of 2018 Arising Out of PS.Case No. -209 Year- 2017 Thana -BELDAUR District- KHAGARIA ====================================================== Latru Patel S/o Late Chhedi Patel, R/o Village- Biraghat Kanjari, P.S.- Beldaur, District- Khagaria, Ex-Mukhiya Ithari Panchayat, Gogri Block, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Beldaur PS case no. 209 of 2017 registered for the offences punishable under Sections 404 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

The allegation of the prosecution is regarding recovery of 150 liters of kerosene oil from the co-accused person, namely, Ranjan Kumar Singh and upon him being apprehended, he disclosed that he is the domestic servant of the petitioner. The learned counsel for the petitioner submits that neither recovery has been made from the person of the petitioner herein nor he has any concern with kerosene oil. It is further submitted that barring one case, arising out of the same incident, the petitioner

Patna High Court Cr.Misc. No.10031 of 2018 (2) dt.21-02-2018 2/2 is having a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Khagaria, in connection with Beldar PS case no. 209 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T