Patna High CourtCR. MISC./34838/2023bail granted

Sona Lal Sah @ Sona Lal Kumar v. The State Of Bihar

2023-08-04Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34838 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== SONA LAL SAH @ SONA LAL KUMAR Son of Jangi Lal Sah R/o Village - Khairwa, P.S.- Chhauradano, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 24.03.2023 seeks bail, in connection with Chhauradano P.S. Case No.270/2022, dated 07.08.2022, for the offence punishable under Section 7 of the Essential Commodities Act.

3. According to prosecution case, 120 bags of urea is said to have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per allegation in the F.I.R., 120 bags of urea have been recovered from shop of the petitioner without any document/permit to

Patna High Court CR. MISC. No.34838 of 2023(3) dt.04-08-2023 2/3 show the storage of the urea. He further submits that the petitioner is neither the licency nor the P.D.S. dealer, so, he has not violated Section 3 of the E.C. Act and therefore, Section 7 of the E.C. Act is not attracted against the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 24.03.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul, Motihari in connection with Chhauradano P.S. Case No. 270/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.34838 of 2023(3) dt.04-08-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T