Md. Reyazuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40604 of 2015 Arising Out of PS.Case No. -310 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Reyazuddin Son of Late Hafiz Ziyarat resident of Mohalla - Lohar Patti, Gayan Babu Chowk, P.S. Motihari Town, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

The accusation is of use of subsidies cylinder for the commercial use. From the possession of the petitioner one filled cylinder and one empty cylinder were recovered.

It is submitted by learned counsel for the petitioner that from the accusation levelled, it does not appear that actually the domestic gas cylinder were used for commercial purpose. Moreover similarly situated co-accused from whose possession also similar recovery was made, has

Patna High Court Cr.Misc. No.40604 of 2015 (2) dt.01-10-2015 2/2 been granted anticipatory bail vide Cr. Misc. No. 30480 of 2015.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Motihari, East Champaran in connection with Motihari(Town) P.S. Case No. 310 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T