Babulal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20055 of 2017 Arising Out of PS.Case No. -294 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Babulal Bhagat, Son of Late Yamuna Prasad Bhagat, Resident of VillageAmarpur, Ward No.6, P.S. Amarpur, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 12-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Amarpur P.S. Case No.294 of 2015 registered under Section 7 of the E.C. Act. The accusation is that on receiving secret information about carrying the food grains for black marking from the fair price shop loading on a pickup van bearing Registration No.BR-10G/3024, the informant alongwith other officials intercepted the aforesaid pickup van and recovered 69 bags of wheat and 3 bags of rice from it. Vikas Mandal, the driver of the pickup van, disclosed that the seized bags of wheat and rice were loaded from the fair price shop of Babulal Bhagat (petitioner). On reaching at the fair price shop of the petitioner, his shop was found closed from front side but on the back side, the door of the

Patna High Court Cr.Misc. No.20055 of 2017 (2) dt.12-05-2017 2/2 shop was found opened. On checking of the fair price shop of the petitioner, only 3.50 quintals wheat and 0.75 quintal rice were found in the stock which ought to have been 27.76 quintals and 41.64 quintals respectively in the stock.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case on mere suspicion with the allegation of selling the wheat and rice in the black market of his fair price shop. The petitioner is in custody since 15.11.2016 and the chargesheet has already been submitted against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No.294 of 2015 (G.R. No.2190 of 2015).

(Rajendra Kumar Mishra, J) P.S./- U T