Dilip Modi @ Dilip Kumar Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38872 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- JAMUI District- Jamui ====================================================== DILIP MODI @ DILIP KUMAR BARNWAL Son of Sri Baleshwar Modi @ Baleshwar Barnwal Resident of Village- Jamui, Shanti Nagar, P.S.- Jamui, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-06-2019 Heard the parties.

The petitioner seeks pre-arrest bail in G.R. Case No.556/19 arising out of Jamui P.S. Case No.109 of 2019 registered for the offence under Section 7 of the E.C.Act. Accusation is of recovery of 684 bags rice in weight of 333.40 quintals, 675 bags wheat in weight of 334.25 quintals kept in bags of mark of F.C.I., 309 empty bag, 1 weighing machine, weaving machine and plastic bags were also recovered.

Learned counsel appearing on behalf of the petitioner submits that the petitioner being the proprietor of M/s.Shiv Shakti Galla Bhandar which is being run since long by the petitioner having Sales Tax, GST, Income Tax registered dealer

Patna High Court CR. MISC. No.38872 of 2019(2) dt.26-06-2019 2/2 from 10-12 years. He further submits that the petitioner is not P.D.S. dealer. Moreover, there is no order in respect of quantity to keep storage of rice, wheat and other food grains. The petitioner has got no criminal antecedent.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M.- cum-Special Court, E.C.Act, Jamui, in G.R. Case No.556 of 2019 arising out of Jamui P.S.Case No.109 of 2019 subject to the condition as laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) aks/- U