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Patna High CourtCR. MISC./57960/2017bail granted

Ram Ashish Yadav v. The State Of Bihar

2017-12-12Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57960 of 2017 Arising Out of PS.Case No. -280 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ram Ashish Yadav, son of Sri Singhasan Yadav, resident of villageTaulaha, P.S.- Ramnagar, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kuamr Thakaur, Advocate Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Smt. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Ramnagar P.S. Case No.280 of 2017 instituted for the offence under Section(s) 7 of the Essential Commodities Act.

It is alleged that 40 bags of rice were found in the house of this petitioner, which were suspected to be government property. Petitioner was not present in the house. Counsel for the petitioner has submitted that rice is a free commodity. In the written report, there is no specific allegation that aforesaid rice was brought for black marketing and was government property. Only suspicion was raised that bags

Patna High Court Cr.Misc. No.57960 of 2017 (2) dt.12-12-2017 2/3 were government property.

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 Ramnagar P.S. Case No.280 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bagaha, West Champaran, 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 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) JA/- U T

Patna High Court Cr.Misc. No.57960 of 2017 (2) dt.12-12-2017 3/3