Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43706 of 2014 Arising Out of PS.Case No. -73 Year- 2012 Thana -AGIAUN District- BHOJPUR ======================================================

1. Mukesh Kumar Singh Son of Sri Binod Singh Resident of VillagePoswan, P.S.- Agiaon, Distt.- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. C. Jawahar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-04-2015 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 E.C. Act.

It is alleged that the fertilizer shop namely, Binod Khad Bhandar was inspected when the stock and distribution register were not being produced. The FIR was lodged against Binod Singh, the owner of the shop. During investigation, it was found that the licence of Binod Singh was cancelled a year before and the said shop was being run by the petitioner being licensee of Laxmi Khad Bhandar. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.43706 of 2014 (2) dt.13-04-2015 2/3 petitioner that only on suspicion the petitioner has been roped in the case during investigation in order to save the skin of Binod Singh. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that petitioner was not named in the FIR and deficiency was found in the shop of Binod Singh and the investigation has already concluded, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Ara (Bhojpur) in connection with Agiaon P.S. Case No. 73 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioner will give liberty to

Patna High Court Cr.Misc. No.43706 of 2014 (2) dt.13-04-2015 3/3 prosecution to file application for cancellation of bail bond by learned court below.

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