Bishwanath Sah @ Vishwanath Kumar Gupta @ Bisho Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49696 of 2016 Arising Out of PS.Case No. -139 Year- 2016 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. BISHWANATH SAH @ VISHWANATH KUMAR GUPTA @ BISHO SAH S/o Late Tetar Sah Resident of Purani Chhauni English,Ward No. - 16, Barhiya, P.S - Barhiya , District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 7 of the E.C. Act.

From a vehicle, in front of the house of the petitioner, 28 quintals of rice was recovered and the same was suspected to be of food security scheme.

Submission of the petitioner is that the same was purchased from the farmers for business purpose by the petitioner. The petitioner is not a PDS Dealer.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt

Patna High Court Cr.Misc. No.49696 of 2016 (2) dt.19-12-2016 2/2 of the order, 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 Chief Judicial Magistrate, Lakhisarai/Successor Court in connection with Barahiya Police Station Case No. 139 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Birendra Kumar, J) kundan/- U