Guddu Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.20084 of 2016 (2) dt.05-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20084 of 2016 Arising Out of PS.Case No. -134 Year- 2014 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Guddu Sah, S/o Bindyachal Sah, resident of village- Beejbaniya Mushari, P.S.- Sirisiya, O.P.- District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh - I (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and the State.

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

The prosecution case is that Sahdeo Manjhi, a P.D.S. dealer sold two bags of rice of Government supply to the petitioner. The petitioner was carrying those two bags, when the villagers took the rice in their possession and handed over to the Lauriya Police Station. It is submitted by the learned counsel for the petitioner that there is nothing on record to suggest that the rice were seized from the possession of the petitioner. For the occurrence of 28.08.2014 the First Information Report was registered on 31.08.2014. Statement has been made in

Patna High Court Cr.Misc. No.20084 of 2016 (2) dt.05-05-2016 para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Bettiah, West Champaran in connection with Lauriya P.S. Case No. 134 of 2014, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T