Patna High CourtCR. MISC./37058/2016bail granted

Nitesh Mandal @ Nitesh Rai v. The State Of Bihar

2016-09-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.37058 of 2016 (2) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37058 of 2016 Arising Out of PS.Case No. -123 Year- 2015 Thana -SIMRI District- DARBHANGA ======================================================

1. Nitesh Mandal @ Nitesh Rai, son of Sri Deven Rai resident of VillageHanuman Nagar, P.S.- Bishanpur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Chandra Jha For the Opposite Party/s Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 7 of the Essential Commodities Act.

Two quintals rice loaded on a truck are said to have been recovered and the driver of the aforesaid truck was caught and at the time of recovery, aforesaid driver disclosed that seized rice belonged to the petitioner.

Submission on behalf of the petitioner is that the petitioner is owner of a Tent house and, as a matter of fact, much prior to institution of the present case, he had supplied some articles to the concerned driver and a dispute took place between them on the point of payment and that was the reason of false implication of the petitioner. To fortify the above stated contention, he drew my attention towards annexure 3 to the petition.

Patna High Court Cr.Misc. No.37058 of 2016 (2) dt.05-09-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Simri P.S. Case no. 123/2015.

shahid (Hemant Kumar Srivastava,J) U T