Patna High CourtCR. MISC./11729/2015bail granted

Ramashish Choubey v. The State Of Bihar

2015-04-27Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11729 of 2015 (2) dt.27-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11729 of 2015 Arising Out of PS.Case No. -230 Year- 2013 Thana -CHOUTARWA District- WEST CHAMPARAN(BETTIAH) ======================================================

1. Ramashish Choubey son of Late Satyanarayan Choubey Resident of village - Tarkulwa, Police Station - Chautarwa, District - West Champaran (Bettiah).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Choutarwa P.S. Case No. 230 of 2013 registered for the offence punishable under Section 7 of Essential Commodities Act. Petitioner happens to be P.D.S. dealer and admittedly, his shop was raided and it is alleged that rice, wheat and other food-grains were not found in the godown of the petitioner whereas he had already lifted the aforesaid grains for distribution amongst the beneficiaries.

Admittedly, petitioner is a P.D.S. dealer and, therefore, application of Section 7 of Essential Commodities Act

Patna High Court Cr.Misc. No.11729 of 2015 (2) dt.27-04-2015 appears to be doubtful in respect of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, West Champaran (Bettiah) in Choutarwa P.S. Case No. 230 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T