Patna High CourtCR. MISC./3976/2015bail granted

Pankaj Kumar Sah v. The State Of Bihar

2015-04-23Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.3976 of 2015 (03) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3976 of 2015 Arising Out of PS.Case No. -51 Year- 2013 Thana -KADWA District- KATIHAR ====================================================== Pankaj Kumar Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Kant Mishra-Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

120 bags of rice, each containing 50 k.g. ladan on tractor-trailer bearing registration no.BR-39-9165 was seized from premises of Laxmi Rice Mill and for that, the informant had alleged the same to be of Mid-Day Meal and was carried to for black marketing. It has also been disclosed that one Vijay Kumar Sah was apprehended at the spot, who disclosed that he had lifted the same from Pankaj Kumar Sah (petitioner). It is also evident from the written report itself that one Ranjit Kumar Srivastava, happens to be the contractor for the supply of Mid-Day Meal and that being so, the status of petitioner has been identified as middleman.

Having deficiency on the part of the prosecution on

Patna High Court Cr.Misc. No.3976 of 2015 (03) dt.23-04-2015 that very score while registering the case under Section 7 of E. C. Act, petitioner Pankaj Kumar Sah is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kadwa P. S. Case no.51 of 2013, in event of his arrest/ surrender within four weeks, subject to condition as enumerated under Section 438(2) of the Cr.P.C.

(Aditya Kumar Trivedi, J) Vikash/- U T