Md. Nurrol v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38717 of 2019 Arising Out of PS. Case No.-123 Year-2018 Thana- BAUSI District- Araria ====================================================== MD. NURROL S/o Sohrab Ali Resident of Village- Farkiya, P.S.- Bounsi, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 7 of the E. C. Act registered in connection with Bounsi P.S. Case No. 123/2018.

3. It is submitted that the petitioner has been falsely implicated and on even perusal of the FIR no offence under Section 7 of the E.C. Act is made out against the petitioner. Three quintals of rice loaded on the tempo had been purchased by the petitioner from farmers and was taken for sale. It is submitted that rice is a free commodity and did not subject to control. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Araria in connection with Bounsi P.S. Case No. 123/2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner.

Patna High Court CR. MISC. No.38717 of 2019(2) dt.01-07-2019 2/2 ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T