Arun Chaudhary v. The State Of Bihar
Patna High Court Cr.Misc. No.50426 of 2017 (3) dt.08-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50426 of 2017 Arising Out of PS.Case No. -146 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================
1. Arun Chaudhary Son of Girija Chaudhary, R/o Village- Shahar Telpa, P.S.- Karpi (Shahar Telpa O.P.), District- Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Adv. For the Opposite Party/s : Mr. Sri Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Karpi (Shahar Telpa O.P.) Police Station Case No. 146 of 2017, disclosing offences under Sections 7 of the Essential Commodities Act.
Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be a PDS dealer having license No. 01 of 2010. The petitioner has lifted food grains under the scheme of P.H.H. and Antodaya, which is evident from and annexure-2, and the same have been distributed amongst the consumers, which is also evident from
Patna High Court Cr.Misc. No.50426 of 2017 (3) dt.08-12-2017 annexure-3. Therefore, no case under Section 7 E.C. Act is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate, Arwal, in connection with Karpi (Sahar Telpa O.P.) Police Station Case No. 146 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T