Ajay Mishra @ Ajay Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11660 of 2018 Arising Out of PS.Case No. -182 Year- 2017 Thana -BELHAR District- BANKA ====================================================== Ajay Mishra @ Ajay Kumar Mishra son of Bhrigunath Mishra, resident of village-Vishwakarma Dhouri, P.S.-Belhar, District- Banka .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Belhar P.S. Case No.182 of 2017 registered under Section 7 of the Essential Commodities Act.
It is submitted by the learned counsel for the petitioner that merely because some gas cylinders were found from the house of the petitioner, it cannot be presumed that he was indulged in black marketing of any essential commodity. He submitted that the cylinders found from the house were of bona fide consumer and other articles which were recovered are not prohibited under any law.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.
Regard being had to the nature of offence and the
Patna High Court Cr.Misc. No.11660 of 2018 (2) dt.27-02-2018 2/2 submissions that the petitioner has got no criminal antecedent, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released 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 Sub Divisional Judicial Magistrate,Banka in connection with Belhar P.S. Case No.182 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T