Rakesh Sao @ Rakesh Kumar Gupta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8210 of 2015 Arising Out of PS.Case No. -119 Year- 2013 Thana -NAWINAGAR District- AURANGABAD ======================================================
1. Rakesh Sao @ Rakesh Kumar Gupta S/o- Late Sudama Sao, R/o- Gogo, P.S.- Navi Nagar, District- Aurangabad.
2. Vikash Sao @ Vikash Kumar Gupta, S/o- Late Sudama Sao, R/o- Gogo, P.S.- Navi Nagar, District- Aurangabad.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sanjay Kr. Ojha, Advocate. For the Opposite Party : Mr. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2015 The petitioners are apprehending their arrest in connection with Navi Nagar P.S. Case No. 119 of 2013 for the offences instituted under Sections 419, 420/34 of the Indian Penal Code and 7 of the E. C. Act.
Heard learned counsel for the petitioners and the State. The prosecution story, in brief, is that on secret information a raid was made on the rice mill of the petitioners and from the said rice mill, 58 bags wheat and 234 bags rice having mark of F.C.I. has been recovered from the stock verification of fare price shop of accused Kanhai Ram. It was found that wheat and rice has been issued to this shop on 17.08.2013 and 26.08.2013, but the same was not found in his fare price shop and
Patna High Court Cr.Misc. No.8210 of 2015 (4) dt.21-05-2015 2 / 3 it has been alleged that the rice and wheat issued to the fare price shop of Kanhai Ram for distribution to the poor public in accordance to the rule has been brought to the rice mill of the petitioners for sale in open market on higher price and thus it has been alleged that the petitioners are also involved in conspiracy with Kanhai Ram in such black marketing of the food grains issued for distribution to the poor public in accordance with rule. It has been submitted on behalf of the petitioners that the petitioners are owners of the rice mill. It has further been submitted that merely on suspicion the petitioners have been implicated in the present case. Further it has been submitted that the petitioners are ready to deposit amount of Rs. 20,000/- in the court below which shall be subject to final disposal of the case. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the fact that the petitioners are ready to deposit amount of Rs. 20,000/- in the court below which shall be subject to final disposal of the present case, let the above named, petitioners, be released on bail in the event of their arrest or surrender before the learned court below within a period of eight weeks from today in connection with Navi Nagar P.S. Case No. 119 of 2013 on furnishing bail bonds of Rs.10,000/-(Ten
Patna High Court Cr.Misc. No.8210 of 2015 (4) dt.21-05-2015 3 / 3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T