Ram Sagar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27665 of 2018 Arising Out of PS.Case No. -108 Year- 2018 Thana -PARWATTA District- KHAGARIA ======================================================

1. Ram Sagar Choudhary S/o Ramotar Choudhary, R/o Vill.- Baghwara, P.S.- Begusarai (Muffasil), District- Begusarai, Proprietor M/s Sagar Food Product Karna Rice Mill, P.S.- parbatta, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Prasad For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Parbatta P.S.Case nO.108 of 2018 , registered for offences punishable under Section 7 of Essential Commodities Act. Allegation against the petitioner, who happens to be owner of the Sagar Food Product Karna Rice Mill is that one truck was intercepted in front of the mill of the petitioner and 99 bags of rice of FCI were found loaded on the truck.

Submission of the learned counsel for the petitioner is that on investigation no shortage was found in the godown of the FCI. Moreover the petitioner is ready to abide by any condition imposed upon him, if he is granted privilege of the anticipatory bail.

Patna High Court Cr.Misc. No.27665 of 2018 (2) dt.11-05-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Khagaria in connection with Parbatta P.S.Case No.108 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T