Gulab Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55825 of 2017 Arising Out of PS.Case No. -509 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Gulab Khan, Son of- Abdul Wahab Khan, Resident of VillageDhanpura, P.S.- Kochadhaman, District- Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bajarangi Lal, Adv. For the Opposite Party : Mr. Anil Kumar, APP 78 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioner apprehends his arrest in Kishanganj P.S. Case No. 509 of 2017 registered under Section 7 of the Essential Commodities Act.

The Block Development Officer, Kishanganj, intercepted the vehicle, bearing registration no. WB-91-1345, loaded with 48 bags, each containing 50 Kg rice. The petitioner being the driver and owner of the truck alleged to have fled away. The learned counsel for the petitioner submits that the petitioner was carrying the rice for his own use. There is no control order. It has no where come that the rice is meant for Public Distribution System shop.

Considering the facts, aforesaid, the petitioner, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with

Patna High Court Cr.Misc. No.55825 of 2017 (2) dt.13-12-2017 2/2 Kishanganj P.S. Case No. 509 of 2017 to the satisfaction of Chief Judicial Magistrate, Kishanganj, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √