Patna High CourtCR. MISC./10092/2018bail granted

Gulab Yadav v. The State Of Bihar

2018-02-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10092 of 2018 Arising Out of PS.Case No. -391 Year- 2017 Thana -BAHERA District- DARBHANGA ====================================================== Gulab Yadav S/o Mahendra Yada, R/o Village- Kalyanpur, P.S.- Bahera, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Bahera PS case no. 391 of 2017 dated 21.11.2017 registered for the offences punishable under Section 7 of the Essential Commodities Act.

The allegation is regarding police personnel apprehending one Tata 407 truck and recovering of 114 bags of rice and upon interrogating the driver and the helper it transpired that they were bringing the said bags of rice from the petitioner who happens to be PDS dealer.

The learned counsel for the petitioner submits that the petitioner is a valid license holder of PDS shop and he has no

Patna High Court Cr.Misc. No.10092 of 2018 (2) dt.21-02-2018 2/2 knowledge about the rice in the bag. It is submitted that the petitioner has a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Benipur at Darbhanga, in connection with Bahera PS case no. 391 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T