Mahabir Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.36414 of 2016 (3) dt.28-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36414 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Mahabir Sah Son of Late Sukhdeo Sah resident of Mohalla- Gulabibag, Aliganj, P.S.- Babarganj, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Mojahidpur P.S. Case No. 115 of 2016 for the offences registered under Section 7 of the E.C. Act.
Learned counsel for the petitioner submits that 240 bags of rice were seized from the godown of his son namely, Deepak Sah with the allegation that the bags of rice seized had been kept by the said Deepak Sah for black marketing. It is further submitted that the rice is de-controlled commodity and the provision of Section 7 of the E. C. Act could not be attracted. Moreover, the only allegation against the petitioner is that he is the father of the said Deepak Sah and there is no specific allegation against him. It is further submitted that the said Deepak Sah has been extended the privilege of regular
Patna High Court Cr.Misc. No.36414 of 2016 (3) dt.28-10-2016 bail vide order dated 06.09.2016 passed in Cr. Misc. No. 37106 of 2016.
Considering the nature of allegation and that the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 115 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U T