Sahdeo Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29929 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -BAUSI District- PURNIA ======================================================

1. Sahdeo Ray, s/o late Randhir Ray, R/o Village- Badhaunatol, P.S.- Vidyapati Nagar, District- Samastipur, At present resident of MohallaHarrnichek, P.S.- Phulwari District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Baisi P.S. Case No.07 of 2018 instituted for the offence under Section(s) 7 of the E.C. Act.

Counsel for the petitioner has submitted that the petitioner is owner of the truck. He has no concern with the rice loaded on the truck.

Informant has alleged that the police seized truck on which 320 bags of rice and 6 plastic bags of rice total 192 quintal 72 kg. rice was found with cash memo issued by M/s Jai Hanuman Traders. The police has stated that aforesaid cash memo appears to be fake.

Counsel for the petitioner has submitted that the

Patna High Court Cr.Misc. No.29929 of 2018 (2) dt.23-05-2018 2/2 petitioner is merely transporter of aforesaid articles. He has no concern with the cash memo of the food grains. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Baisi P.S. Case No.07 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.