Rajesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57543 of 2015 Arising Out of PS.Case No. -860 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================
1. Rajesh Sah, son of Sri Narayan Sah, resident of Simraha, Ward No. 14, P.S.- Saharsa, Distt. Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N.K. Agarwal Senior Advocate & Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Saharsa (Sadar) P.S. Case No. 860 of 2015, registered for offences punishable under Section 7 of the E.C. Act and Prevention of Black Marketing and Maintenance of Supply of Essential Commodities Act, 1980 and Section 420 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner has been roped in the present case only on the basis of suspicion that the bags recovered from the possession having the mark of Govt. Agency, F.C.I. It is submitted that only because such recoveries have been made, it cannot be presumed that the
Patna High Court Cr.Misc. No.57543 of 2015 (2) dt.15-01-2016 2/2 petitioner is involved in illegal sale and purchase of the food grains meant for public distribution.
Considering the facts and circumstances, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Saharsa in connection with Saharsa (Sadar) P.S. Case No. 860 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) sunil/- U T