Suresh Prasad Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38307 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -KAUAKOL District- NAWADA ====================================================== Suresh Prasad Mehta, Son of Late Baso Mahto, resident of Village- Shekho Dewra, Police Station- Kauwa Kole, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Roy, Advocate. For the Opposite Party/s : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kauwa Kole P.S. Case No. 98 of 2017 instituted for the offence under Section 7 of Essential Commodities Act.

Learned counsel for the petitioner has submitted that petitioner was not present at the time of raid conducted by the informant at the instance of Vijay Kumar, the P.D.S. Dealer. The said Vijay Kumar was on inimical terms with this petitioner. It has further been submitted that earlier the petitioner was PACS Chairman and he has another godown wherein all the rice were kept.

From the written report it appears that alleged checking of the godown was done in absence of this petitioner.

Patna High Court Cr.Misc. No.38307 of 2017 (4) dt.29-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kauwa Kole P.S. Case No. 98 of 2017, he shall be released 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 learned Additional Chief Judicial Magistrate-IV, Nawada, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T