Patna High CourtCR. MISC./42051/2017bail granted

Devilal Sao v. The State Of Bihar

2017-12-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42051 of 2017 Arising Out of PS.Case No. -395 Year- 2017 Thana -BODH GAYA District- GAYA ======================================================

1. Devilal Sao Son of Laxman Sao, Resident of Village-Siriyawan, P.S. Mohanpur, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2017 Heard both sides.

The petitioner apprehends his arrest in Bodh Gaya P.S. case No. 395 of 2017 for the offences punishable under Section 7 of the E. C. Act.

The police intercepted a mini truck bearing registration No. BR 02 Q-9741 laden with 114 bags of rice each containing 50 kg.

The learned counsel for the petitioner submits that petitioner is owner and driver of the vehicle. The rice was not meant for PDS shop. The petitioner was carrying the rice after purchasing the same from open market. There is no control order for rice. There is no material on record to show that petitioner laden the rice from any godown of the State Government or from

Patna High Court Cr.Misc. No.42051 of 2017 (3) dt.19-12-2017 2/2 any PDS dealer.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. case No. 395 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T