Ramdeo Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3732 of 2015 Arising Out of PS.Case No. -358 Year- 2013 Thana -NARPATGANJ District- ARRARIA ====================================================== Ramdeo Sharma, son of late Gulten Sharma, resident of village Chakla Panchayat, Badhaipara, P.S. Narpatganj, Distt. Araria (Bihar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Adv. For the Opposite Party/s : Mr. Nazir Ansari, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 29-01-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks anticipatory bail in a case instituted for the offence under Section 7 of the Essential Commodities Act.
It has been submitted that the Petitioner is a PDS dealer since 1989 and it is only 26 beneficiaries out of around 237 consumers who have complained against the Petitioner, vaguely alleging that they were not regularly disbursed food grains. Considering the aforesaid aspects and the fair antecedent of the Petitioner as also his wife undertakes his responsibility, let the Petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Narpatganj P.S. Case No. 358 of 2013, be
Patna High Court Cr.Misc. No.3732 of 2015 (2) dt.29-01-2015 2/3 released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Chief Judicial Magistrate, Araria, subject to the following conditions: (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the wife of the Petitioner namely, Rina Devi. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released on bail.
(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.
Patna High Court Cr.Misc. No.3732 of 2015 (2) dt.29-01-2015 3/3 consecutive dates, his bail will be liable to be cancelled. (Anjana Prakash, J) S.Ali/- U T