Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.497 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -SISWAN District- SIWAN ====================================================== Rajendra Singh, S/o Late Baidyanath Singh, Resident of Village- Chainpur Mubarakpur, P.S.- Chainpur, District- Siwan.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv. Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Siswan (O.P.) P.S. Case No. 133 of 2016 registered under Section7 of Essential Commodities Act. On 08-09-2016 at about 11.20 a.m. a pick up van laden with 57.5 quintals wheat, was seized and the driver as well as one Palledar were caught. The aforesaid driver and the Palledar disclosed that the seized wheat belonged to the petitioner, who was a PDS dealer. It came to light that on the same day, the aforesaid seized wheat had been lifted from godown of the Food Corporation of India, Siswan and instead of storage of the aforesaid wheat in the shop of the petitioner; the same was being

Patna High Court Cr.Misc. No.497 of 2017 (2) dt.13-01-2017 2/2 transported for black-marketing.

Submission on behalf of petitioner is that the shop of the petitioner was never verified either by the informant or by the I.O. and as a matter of fact, the petitioner has falsely been implicated in this case. It is further submitted that moreover, the licence of PDS dealer has already been suspended and, therefore, the petitioner should be granted privilege of anticipatory bail. Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Siswan (O.P.) P.S. Case No. 133 of 2016 to the satisfaction of Sri Sandeep Kumar, learned Judicial Magistrate, Siwan subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T