Diwakar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49973 of 2017 Arising Out of PS.Case No. -235 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Diwakar Mishra, Son of-Late Umesh Mishra, Resident of Village-Barnaiya, P.O.-Balathari, P.S.-Kuchaikote, District-Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Kuchaikote P.S. Case No. 235 of 2017 registered under Section 7 of the E.C. Act.

Learned counsel appearing on behalf of the petitioner submits that the matter relates to Essential Commodities Act. Petitioner is quite innocent and has falsely been implicated in this case at the instance of the local Mukhiya. Nothing has been recovered from the possession of the petitioner. Further submission is that on perusal of Annexures, it appears that petitioner has distributed the allotted cereals among the card holders and no irregularities were found in the stock.

Patna High Court Cr.Misc. No.49973 of 2017 (3) dt.06-12-2017 2/2 Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-VII, Gopalganj in connection with Kuchaikote P.S. Case No. 235 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T