Ganesh Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55189 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Ganesh Prasad, S/o Shri Shankar Prasad,

2. Balram Prasad Keshari @ Baliram Prasad Keshari, S/o Late Ramjee Prasad Keshari, Both Resident of Village - Mirganj Nagar Panchayat, PS.- Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Meerganj P.S. Case No. 199 of 2016 registered under Sections420/34 of the Indian Penal Code and u/S 7 of Essential Commodities Act.

Petitioner No. 1 happens to be an employee of petitioner No. 2 and the first information report goes to show that in huge quantity, blue K. oil was recovered from premises of petitioner No. 2.

Therefore, considering the above-said facts and circumstances of the case as well as submission of the parties, the

Patna High Court Cr.Misc. No.55189 of 2016 (2) dt.11-01-2017 2/2 prayer for anticipatory bail of petitioner No. 2 namely, Balram Prasad Keshari @ Baliram Prasad Keshari stands rejected. However, it is made clear that if, petitioner No. 2 surrenders before the concerned court within six weeks from today and, seeks regular bail, the same shall be considered by the concerned court on its own merit without being prejudiced by this rejection order.

So far as prayer for anticipatory bail of petitioner No. 1 namely, Ganesh Prasad is concerned; the same is allowed and it is ordered that the petitioner No. 1 named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Meerganj P.S. Case No. 199 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Gopalganj subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T