Ali Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52332 of 2018 Arising Out of PS.Case No. -261 Year- 2018 Thana -SIWAN CITY District- SIWAN ====================================================== Ali Ahmad S/o Late Shakur Ahmad, R/o Mohalla- Fatehpur Ward No. 33, P.S.- Siwan Town, District- Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 7 of Essential Commodities Act. The prosecution case, in brief, is that in four drums each containing 200 litres of K. Oil kept at the land of the petitioner was recovered. On enquiry from daughter of the petitioner about the said K. Oil, it was revealed that the said K. Oil belongs to the co-accused Md. Salim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of

Patna High Court Cr.Misc. No.52332 of 2018 (2) dt.10-09-2018 fact. 800 litres of K. Oil is alleged to have been recovered, which is said to be of co-accused namely, Md. Salim. The petitioner is alleged to be owner of the land in question. There is no other substantial evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 261 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T