Mainudin Mian @ Nurhasan @ Hari @Mainuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47437 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -BARHARA District- BHOJPUR ======================================================

1. MAINUDIN MIAN @ NURHASAN @ HARI @MAINUDDIN, son of Ishu Miya, resident of Village- Sinha, P.S. Sinha (O.P.) Barhara, DistrictBhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 The petitioner is apprehending his arrest in connection with Sinha (O.P.) Barhara P.S. Case No. 14/18, registered for offences punishable under Sections 7 of the Essential Commodities Act.

Allegation as per F.I.R is that the Supply Inspector, received an information that some persons are committing illegality and putting the rice from one bag to another bag and the rice belonged to Public Distribution System and he caught five persons, who disclosed that they were working for the petitioner. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and his name has surfaced on the basis of disclosure of five arrested persons and further no recovery has been made from the possession of the petitioner and

Patna High Court Cr.Misc. No.47437 of 2018 (2) dt.14-08-2018 2/3 it has come during investigation that the rice is of Public Distribution System and the same belonged to one Brahmeshwar Singh.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur, Ara in connection with Sinha (O.P.) Barhara P.S. Case No. 14/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.47437 of 2018 (2) dt.14-08-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T