Niranjan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13726 of 2018 Arising Out of PS. Case No.-113 Year-2017 Thana- PASRAHA District- Khagaria ====================================================== Niranjan Sah, Son of Jawahar Sah, Resident of Village- Satish Nagar, P.S.- Pasraha, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Pasraha P.S. Case No. 113 of 2017 for the offence under section 7 of the E.C. Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He submits that from the FIR, it appears that police has seized a Tempo over which 31 bags of Arwa rice was loaded and each bag containing 60 kg. Learned counsel for the petitioner submits that rice was allegedly belonged to National Food Security Plan under PDS system.

Learned counsel submits that there is no distinctive feature to indicate that it was the rice for PDS system.

Patna High Court Cr.Misc. No.13726 of 2018(2) dt.05-04-2018 2/2 Moreover, nothing was recovered from the possession of the petitioner and there is only allegation against this petitioner is that the Tempo driver has disclosed the name of the petitioner from where the said rice was allegedly purchased. Learned counsel submits that the petitioner is labourer and he does not carry any shop for sale of rice and as such the allegation against the petitioner is patently false.

Considering the totality of facts situation and the fact that the petitioner has no criminal antecedent as stated in para-3 of the petition, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria, in connection with Pasraha P.S. Case No. 133 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T