Patna High CourtCR. MISC./54957/2015bail granted

Vijay Sah v. The State Of Bihar

2015-12-11Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.54957 of 2015 (2) dt.11-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54957 of 2015 Arising Out of PS.Case No. -248 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== VIJAY SAH, S/O GIRBAL SAH @ BIRBAL SAH, RESIDENT OF SARAI DHANESH, P.S. SAHDEI BUZURG, DISTRICT- VAISHALI .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

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

For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Deshari (Sahdai O.P.) P.S. Case No. 248 of 2015 registered under Section 7 of the Essential Commodities Act.

It is alleged that 160 bags of rice each containing 50 K.G. and 22 begs of rice each containing 40 K.G., having mark of Bihar State food Corporation, recovered from the Godown of the petitioner.

Learned counsel for the petitioner submits that petitioner is not the P.D.S. dealer rather he had purchased the said rice from one Maa Gaiyatri Rice Mill Silao, Nalanda and due to

Patna High Court Cr.Misc. No.54957 of 2015 (2) dt.11-12-2015 marking on the said bags of Bihar State Food Corporation police official seized the said bags in suspicion. It is submitted that seized bags of rice have been released on furnishing sureties by the petitioner, vide order dated 23.11.2015 passed in C.W.J.C. No. 16694 of 2015.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Vaishali, in connection with Deshari (Sahdai O.P.) P.S. Case No. 248 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T