Patna High CourtCR. MISC./43409/2017bail granted

Avinash Kumar v. The State Of Bihar

2017-09-22Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43409 of 2017 Arising Out of P. S.Case No. -163 Year- 2017 Thana -BEUR District- PATNA ====================================================== Avinash Kumar, son of Sri Ram Babu, resident of mohalla - Mahabir Lane Kanu Lal Road, Mithapur, P.S. Jakkanpur, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Uday Kant Choudhary, Adv.

For the Opposite Party/s : Mr. Ajay Kumar -2, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Beur P.S. Case No. 163 of 2017, disclosing offences under Section 7 of the Essential Commodities Act.

The petitioner is the owner of one of the pickup vans from where the police recovered huge quantity of weight contained in 60 bags, marked with Food Corporation of India.

Learned senior counsel, appearing on behalf

Patna High Court Cr.Misc. No.43409 of 2017 (3) dt.22-09-2017 2/3 of the petitioner, has submitted that the petitioner has been made accused for the sole reason that he is the owner of one of the pick-up vans, having registration No. BR09AD-8695. He submits that no one was found near the pick-up van nor there is any material to suggest that the petitioner had any knowledge that the said pick-up van was being used for illegal purpose, if any.

Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna, in connection with Beur P.S. Case No. 163 of 2017 (Special Case No. 6 of 2017), subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear

Patna High Court Cr.Misc. No.43409 of 2017 (3) dt.22-09-2017 3/3 before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T