Kanhai Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26533 of 2015 Arising Out of PS.Case No. -119 Year- 2013 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Kanhai Ram son of Lakhan Paswan, resident of Village- Gogo (south), P.S. Nabinagar, District- Aurangaba (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Singh For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in a case registered for the offences punishable under sections 419, 420/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

It is alleged that on 27.08.2013 at 8.30 a.m. the officer-in-charge of Nabinagar P.S. made a raid at Maa Annapurna Kisan Rice Mill, Gogo and found rice and wheat bags in the Godown of the said mill having mark of Bihar State Food and Civil Supply Corporation Limited and the same was seized. It is alleged that the petitioner received wheat and rice against the quota of June and July 2013 for supply to the poor persons. It is

Patna High Court Cr.Misc. No.26533 of 2015 (2) dt.27-07-2015 alleged that 58 quintals of wheat and 234 quintals of rice has been sold by the petitioner in the black marketing. On behalf of the petitioner it is submitted that the petitioner is in custody since 02.04.2015. Charge-sheet has been submitted in the case. The petitioner has no criminal antecedent. It is further submitted that if there is any recovery of food grains, that is from possession of Maa Annapurna Rice Mill. There is no recovery of food grains from possession of the petitioner. The petitioner has been made accused in the present case due to mistake of fact.

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

Considering the facts aforesaid, let the petitioner above named, be enlarged 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 Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case no. 119 of 2013.

(Sudhir Singh, J) Amin/- U