Subodh Kumar Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.19531 of 2016 (2) dt.31-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19531 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== Subodh Kumar Gupta, S/o late Babu Lal Gupta Resident of Village- Raj Bandh, P.S. Dohriya, District- Banka at Present Resident of MohallaHanuman Path, Tilkamanjhi, P.S. Tilkamanjhi, District Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. N.K.Agrawal, Sr. Advocate. Mr. D.N .Tiwari, Advocate.

For the Opposite Party : Mr. Dinesh Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 31-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in relation to Industrial Area P.S. Case No. 18 of 2016 registered under Sections 7 of the E.C Act and under sections 406, 409, 419, 420, 467, 468, 471, 308, 120(B) of the Indian Penal Code.

It is inter alia alleged that on inspection on the rice mill premises certain bags of rice were found with tags and stickers of Bihar State Food Civil Supplied Corporation. Learned Senior counsel Sri N.K. Agrawal appearing in support of this application submits that the bags as used by B.S.F.C and others are available in market and which are usually

Patna High Court Cr.Misc. No.19531 of 2016 (2) dt.31-05-2016 purchased by the rice mills to repack to food grains. There is no licensing order and the case has been instituted merely on suspicion and surmises. No defalcation of any stocks of B.S.F. has been recorded.

Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of A.C.J.M., IX, Bhagalpur, in connection with Industrial Area P.S. Case No. 18 of 2016, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajiv/- U T