Rajesh Kumar Yadav @ Rajesh Pd. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9505 of 2015 Arising Out of PS.Case No. -510 Year- 2014 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Rajesh Kumar Yadav @ Rajesh Pd. Yadav, S/o Binda Prasad Yadav .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

It is alleged that from the go-down of the petitioner 77 quintals of wheat and 69.50 quintals of rice were recovered, when the petitioner was found fleeing of the place of seizure. It is submitted by learned counsel for the petitioner that the go-down, in question, is in the share of the mother of the petitioner, who executed rent deed in favour of one Sudama Sahni, who has already filed a petitioner before the learned Chief Judicial Magistrate, Siwan for release of seized food-grains and only on suspicion of seized packets containing stamps of FCI, the seizure has been made. A statement has been made in paragraph

Patna High Court Cr.Misc. No.9505 of 2015 (2) dt.21-04-2015 2/2 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Muffasil P.S. Case No.510 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bonds of the petitioner will be accepted on verification of the fact that the petitioner has no concern with the go-down where seizure has been made. If it is found that the petitioner has concern with the go-down where seizure has been made, then the petitioner will surrender before the learned court below and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T