Shailendra Kumar Singh @ Bablu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37220 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -BHAWANIPUR District- PURNIA ====================================================== Shailendra Kumar Singh @ Bablu Singh S/o Sushil Prasad Singh, Resident of Village Jhalari, P.S. Rupauli, District Purnia. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Bhawanipur P.S. Case No. 12 of 2016, disclosing offences under Section 7 of the Essential Commodities Act. The Police personnel on search recovered 520 litres of K. oil in a 12 plastic gallon loaded in a Tempo. On the basis of statement of the driver of the said Tempo, the name of the petitioner surfaced in course of investigation. The petitioner is owner of K.oil Depot.
It has been submitted on behalf of the petitioner that the K. oil, which was seized by the Police did not belong to him and he has no connection in any manner whatsoever either with the
Patna High Court Cr.Misc. No.37220 of 2016 (2) dt.20-09-2016 2/2 Tempo or with the K. oil so recovered.
Considering the submissions as above, this application is allowed.
Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No. 12 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T