Yuvraj Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15998 of 2018 Arising Out of PS.Case No. -245 Year- 2017 Thana -BAUSI District- PURNIA ====================================================== Yuvraj Bhagat, S/o Late Satyadeo Bhagat, R/o Village- Baijanathpur, P.S.- Sour Bazar, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate. Mr. D.N. Tiwari, Advocate.

For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Baisi P.S. Case No. 245 of 2017 instituted for the offence under Sections 420 and 120(B) of the Indian Penal Code.

It has been submitted that petitioner is owner of Arti Rice Mill. The seized rice as mentioned in the written report belongs to the mill of this petitioner. It has further been submitted that he has not violated Section 3 of Essential Commodities Act. The trade of wheat and rice is free from 15.02.2002. There is no restriction of re-use of gunny bags with marking of FCI or other Government Agency.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.15998 of 2018 (2) dt.28-03-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Baisi P.S. Case No. 245 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T