Bilash Sah @ Ram Bilash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12854 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bilash Sah @ Ram Bilash Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

It is alleged that 156 bags of fertilizers were seized from the house of the petitioner on suspicion that it was kept for selling it in black market.

It is submitted by learned counsel for the petitioner that the fertilizers were kept for personal use of the petitioner and for storage of 200 bags of fertilizer (10.MT.) no license is required. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named

Patna High Court Cr.Misc. No.12854 of 2015 (2) dt.30-03-2015 2/2 petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari in connection with Phenhara P.S. Case No. 5 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T