Ramaji Prasad @ Ramji Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6343 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Ramaji Prasad @ Ramji Prasad, son of Late Hiralal Prasad, resident of Village- Dakshin Mohalla, Mirganj, Police Station- Mirganj, DistrictGopalganj .... Petitioner

Versus

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

For the Petitioner : Mr. Bakhshi S.R.P. Sinha, Sr. Adv. with Mr. Lokesh Kumar Singh, Adv.

For the Opposite Party : Mr. Jitendra Kumar Singh, APP 98 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is apprehending arrest in connection with Bijaipur P.S. Case No. 164 of 2017 for offences under Sections 420 and 414/34 of the Indian Penal Code and 7 of the Essential Commodities Act.

Learned senior counsel appearing on behalf of the petitioner submits that the facts of this case Section 7 of the Essential Commodities Act is not attracted as there is no allegation or material to make out a case of violation of Essential Commodities Act. There is no allegation of violation of any licensing order. There is allegation that the petitioner was involved in this case for offence under Sections 420 and 414/34 of the Indian Penal Code. The learned counsel submits that the

Patna High Court Cr.Misc. No.6343 of 2018 (3) dt.17-02-2018 2/2 petitioner was neither the owner of the pick-up van nor he was Public Distribution System dealer. He has absolutely no connection with the food grains which was intercepted by police and seized. He submits that the petitioner is innocent and has been falsely implicated only because he resides in same locality where Poshahar was allegedly seized. In paragraph 3 of the petition, there is statement that the petitioner has no criminal antecedent. In view of the above the Court is inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, in the event of his arrest or surrender, within one month from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bijaipur P.S. Case No. 164 of 2017 to the satisfaction of Subdivisional Judicial Magistrate, Gopalganj, or successor Court, subject to the condition enumerated in Section 438(2) of the Criminal Procedure Code.

(Anil Kumar Upadhyay, J) SA/- U