Patna High CourtCR. MISC./46210/2014bail granted

Surendra Bhagat And ANR. v. The State Of Bihar

2015-03-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.46210 of 2014 (2) dt.26-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46210 of 2014 Arising Out of PS.Case No. -60 Year- 2014 Thana -SALKHUA District- SAHARSA ======================================================

1. Surendra Bhagat, son of Late Deonarayan Bhagat.

2. Shri Ram Bhagat, son of Rajendra Bhagat .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Salkhua (Banma) P.S. Case No. 60 of 2014 registered for the offence punishable under Section 7 of Essential Commodities Act. Admittedly, the name of petitioners came in so-called confessional statement of co-accused, Rajeev Kumar Sah and it is also an admitted position that the seized K oil was produced by the informant himself before the police. The impugned order of learned Sessions Judge reflects that except the aforesaid material, there is nothing against the petitioners.

Moreover, it is informed on behalf of the petitioners that co-accused, Rajeev Kumar Sah has already been admitted to anticipatory bail by a co-ordinate Bench of this Court.

Patna High Court Cr.Misc. No.46210 of 2014 (2) dt.26-03-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Saharsa in Salkhua (Banma) P.S. Case No. 60 of 2014 corresponding to Special Case No. 02 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T