Patna High CourtCR. MISC./1724/2017bail granted

Naresh Thakur v. The State Of Bihar

2017-01-19Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.1724 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1724 of 2017 Arising Out of PS.Case No. -186 Year- 2016 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Naresh Thakur, Son of Late Rajeshwar Thakur, Resident of VillageRahua, P.S.- Warisnagar, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Warisnagar P.S. Case No. 186 of 2016 registered for the offence punishable under Section 7 of Essential Commodities Act. Allegedly, 600 liter diesel, 11 liter Mobil, four liter patrol and other articles were recovered from the shop of the petitioner. Submission is of false implication and that no one has come forward to say that the petitioner was indulged in selling the diesel or patrol, the petitioner has kept those articles for agricultural purposes for his own use, the house and shop are adjacent to each other and without any fault the petitioner has been implicated in this false case and it is not the case of the prosecution that the petitioner was indulged in black marketing of those articles.

Patna High Court Cr.Misc. No.1724 of 2017 (2) dt.19-01-2017 Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, the petitioner above named in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 186 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T