Om Prakash Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.47088 of 2015 (2) dt.02-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47088 of 2015 Arising Out of PS.Case No. -446 Year- 2015 Thana - BETTIAH MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Om PRAKASH MAHTO son of Sri Yadunath Mahto, resident of villagePurbi Kargahiya, P.S.- Bettiah Muffasil, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-11-2015 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 Essential Commodities Act (E.C. Act), 1955 registered in connection with Bettiah Muffasil P.S. Case No. 446 of 2015.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of coaccused Yadunath Mahto who has since been granted bail by the learned Additional Sessions Judge. The accusation is only under Section 7 of the E.C Act and the penal provision has not been invoked.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the

Patna High Court Cr.Misc. No.47088 of 2015 (2) dt.02-11-2015 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 Chief Judicial Magistrate, West Champaran at Betiah in connection with Bettiah Muffasil P.S. Case No. 446 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

(i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T