Yugal Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52763 of 2016 Arising Out of PS.Case No. -186 Year- 2016 Thana -NAUGACHIA District- BHAGALPUR ======================================================

1. Yugal Kishore Sah son of late Devi Lal Sah resident of mohalla - Gungta Satrang Bhawan Road Police Station - Naugachia, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Mr. Vikram Singh, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks anticipatory bail in connection with Naugachia P.S. Case No. 186 of 2016 instituted for the offences punishable under Section 406 of the Indian Penal Code and Section 7 of the Essential Commodities Act. It has been submitted on behalf of the petitioner that from perusal of the F.I.R, allegation against the petitioner is that he not maintaining day to day action, further not displaying the stock on the display board and he is charging for the supply of per gas cylinder Rs. 600-700/- instead of fixed price of Rs. 586/- from the consumers. It has further been submitted that the petitioner is the proprietor of the alleged agency and he does

Patna High Court Cr.Misc. No.52763 of 2016 (2) dt.22-12-2016 2/2 not charge the money from the consumers rather it is the venders who are releasing the money, and as such, he may not be made responsible for that, further so far allegation no. 1 and 2 are concerned that is punishable with one year imprisonment. It has also been submitted that for above allegation he has been punished financially and physically both due to action of the police.

Heard the learned APP also.

Having heard both sides and in view of the submission of the learned counsel for the petitioner, let the petitioner above named is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia in connection with Naugachia P.S. Case No. 186 of 2016, on subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) ajaypd./- U T