Dinesh Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45808 of 2017 Arising Out of PS.Case No. -170 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. Dinesh Prasad Mandal, son of late Ram Nagina Mandal, resident of village- Babupur, P.S.- Pirpainty, Distt- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Pirpainti (Bakharpur) P.S. Case No.170 of 2017 instituted for the offence under Section(s) 7 of the E.C. Act.

Counsel for the petitioner has submitted that tractor loaded with 77 bags of rice was apprehended by the police near Hajipur Diyara Chowk. The villagers told that aforesaid rice belongs to this petitioner. Petitioner is Chairman of PACS. Seizure list is enclosed with the First Information Report from which also it appears that aforesaid rice has been seized from Hajipur Diyara Chowk.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.45808 of 2017 (6) dt.14-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Pirpainti (Bakharpur) P.S. Case No.170 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bhagalpur, 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) JA/- U T