Patna High CourtCR. MISC./57882/2017bail granted

Birendra Singh @ Birendra Kumar Singh v. The State Of Bihar

2017-12-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57882 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Birendra Singh @ Birendra Kumar Singh, Resident of VillagePhenhara, P.S.- Phenhara, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Phenhara P.S. Case No. 67 of 2016 instituted for the offence under Section-7 of Essential Commodities Act.

It is alleged in the written report that 5 drums of K. oil was recovered in village-Phenhara from the private land of Ramesh Sah which is also used as road. The K. oil was seized on 20-10-2016. It has been submitted that the petitioner is not named in the written report. Counsel for the petitioner has submitted that name of this petitioner has subsequently surfaced during investigation after seven month on the basis of supervision note. The accused Ramesh Sah has given statement u/S 164 Cr.P.C. in which he has taken the name of this petitioner. The statement of Ramesh Sah has been recorded after 9 months of recovery of K. oil on 27-07-2017.

Patna High Court Cr.Misc. No.57882 of 2017 (2) dt.11-12-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Phenhara P.S. Case No. 67 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner 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. (Sanjay Priya, J) A.K.V.