Santosh Kumar Murarka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10101 of 2018 Arising Out of PS. Case No.-176 Year-2017 Thana- BASOPATTI District- Madhubani ====================================================== Santosh Kumar Murarka S/o Late Bihari Lal Murarka, R/o Village- Mahavir Chowk Baso Patti, P.S.- Basopatti, District- Madhubani ... Petitioner

Versus

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

For the Petitioner :

Mr. Pravin Kumar, Adv.

For the Opposite Party :

Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Basopatti P.S. Case No. 176 of 2017 instituted for the offence under Section 7 of the Essential Commodities Act.

It has been submitted by the learned counsel for the petitioner that other co-accused persons with similar allegation have been granted anticipatory bail by a coordinate Bench of this court in Cr. Misc. No. 9348 of 2018 by order, dated 17.02.2018.

Counsel for the petitioner submitted that the petitioner deals in food grain, retailer in multiple outlets and other departmental articles. In view of the notification of the Government no licence is required for the dealer dealing in multiple outlets.

Patna High Court Cr.Misc. No.10101 of 2018(3) dt.07-03-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Basopatti P.S. Case No. 176 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, V, Madhubani, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) Shamshad/- U T