Patna High CourtCR. MISC./19179/2015bail granted

Kamal Mian v. The State Of Bihar

2015-07-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.19179 of 2015 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19179 of 2015 Arising Out of PS.Case No. -126 Year- 2014 Thana -BELHAR District- BANKA ======================================================

1. Kamal Mian son of Late Isa resident of village- Tarakush, P.S.- Belhar, District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-07-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Belhar P.S. Case No. 126 of 2014 registered for the offence punishable under Section 7 of Essential Commodities Act. Allegedly, 400 litres K. oil kept by the dealer, Bhola Prasad Singh was recovered from the house of the petitioner on 02.08.2014 but learned counsel for the petitioner drew my attention towards Annexure-2 to the supplementary affidavit and points out that 400 litres K. oil was seized on 30.07.2014 by the villagers and subsequently, the aforesaid seized K. oil was handed

Patna High Court Cr.Misc. No.19179 of 2015 (3) dt.02-07-2015 over to the dealer, Bhola Prasad Singh and as a matter of fact, nothing was recovered from the house of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Belhar P.S. Case No. 126 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T