Prabhakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50938 of 2017 Arising Out of PS.Case No. -177 Year- 2017 Thana -KHARAGPUR District- MUNGER ====================================================== Prabhakar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jogendra Kumar For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Haveli Kharagpur P.S. Case No. 177 of 2017 instituted for the offence under Section-7 of the Essential Act.

It has been submitted that name of this petitioner has been disclosed by driver of the Pick up Van which was found loaded with 400 litres of Kerosene Oil. The driver disclosed that his owner Babloo Sah has purchased the aforesaid Kerosene Oil from this petitioner. The petitioner is a PDS dealer. It has been mentioned in para-7 of the bail petition that his PDS shop was inspected by the Mukhiya, Gram Panchayat Badhona and stock register of Kerosene Oil upto the month of May, 2017 was found correct.

In such circumstances, prayer for anticipatory bail is 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

Patna High Court Cr.Misc. No.50938 of 2017 (2) dt.18-10-2017 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Haveli Kharagpur P.S. Case No. 177 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Munger 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