Laxmi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53065 of 2015 Arising Out of PS.Case No. -440 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Laxmi Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur, Adv. For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

The accusation is of using domestic gas cylinder for commercial purpose. Three filled and sixteen empty gas cylinders were seized from the shop of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner let out the area from where recovery has been made on rent, hence recovery cannot be treated to be made from the possession of the petitioner.

Considering the nature of recovery, this is a case for consideration of regular bail.

Let the learned court below consider the prayer for

Patna High Court Cr.Misc. No.53065 of 2015 (2) dt.23-11-2015 2/2 regular bail of the petitioner if he surrenders within a period of six weeks in connection with Hajipur Sadar P.S. Case No. 440 of 2015 pending in the court of learned CJM, Vaishali at Hajipur. Accordingly, the application is disposed of.

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