Prem Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61461 of 2018 Arising Out of PS. Case No.-101 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Prem Kumar Singh, S/o Late Teknarayan Singh, Resident of Village-MohallaSaristabad, Sri Ram Path, P.S.-Gardanibagh, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-11-2018 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 offences punishable under Sections 420/406 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Petitioner is a PDS dealer. Special Officer (Supply) got information that a vehicle loaded with grains from the State Food Corporation has diverted its route. Subsequently, it was found that wheat was being unloaded in the godown of the petitioner.

Submission of the learned counsel for the petitioner is that petitioner is a PDS dealer. He has got no criminal

Patna High Court Cr.Misc. No.61461 of 2018(2) dt.20-11-2018 2/2 antecedent. He had lifted the wheat from the State Food Corporation and if the carrier strayed his way that is not the liability of the petitioner.

Considering the facts aforesaid, 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 of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Gardanibagh Police Station Case No.101 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T