Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43091 of 2016 Arising Out of PS.Case No. -100 Year- 2016 Thana -DARAUNDA District- SIWAN ======================================================

1. Pradeep Kumar son of Sri Ram Narayan Sah resident of Village- Bagura, P.S.- Darounda, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate With Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Darounda P.S. Case No. 100 of 2016, disclosing offences under Section 7 of the Essential Commodities Act. From the house of one Md. Shabib, the Block Supply Officer, Hasanpura, in course of inspection/search, seized 908 bags of rice and 630 bags of wheat packed in gunny bags having F.C.I marks. Said Md. Shabib disclosed to the Block Supply Officer that the said premise was given on rent to the petitioner. On the basis of suspicion that the said rice and wheat were of government sponsored scheme and were being attempted to be sold in black market, the First Information Report came to be registered.

Learned Senior counsel appearing on behalf of the

petitioner has submitted that the petitioner is in no way concerned with the said food-grains. He has further submitted that implication of the petitioner is based merely on suspicion and he has no criminal antecedent. Considering the above submission, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IXth, Siwan in Darounda P. S. Case No. 100 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/-c U