Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39097 of 2017 Arising Out of PS.Case No. -42 Year- 2016 Thana -AKILPUR District- PATNA ======================================================

1. Awadhesh Kumar, S/o Late Saheb Lal Ray, Resident of Purani Pannapur, P.S.-Akilpur, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Akilpur P.S. Case No. 42 of 2016 instituted for the offence under Section-7 of Essential Commodities Act.

The allegation against the petitioner is that during inquiry, 15.50 quintals of rice and 39.48 quintals of wheat was not found in the stock and it is suspected that the same has been sold in black-marketing.

Counsel for the petitioner has submitted that suspicion has been raised against the petitioner. Licence of the petitioner has already been cancelled. It has also been submitted that co-accused with similar allegation has already been granted anticipatory bail by this court vide order dated 14-07-2017 passed in Cr. Misc. No. 32485 of 2017. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.39097 of 2017 (3) dt.04-09-2017 2/2 allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six 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 in Akilpur P.S. Case No. 42 of 2016 to the satisfaction of Sri Randhir Kumar, learned Judicial Magistrate-Ist Class, Danapur subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner 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) A.K.V./- U T