Surendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51109 of 2016 Arising Out of PS.Case No. -207 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== Surendra Sah son of Kedar Sah, Resident of village Kharauni, P.S. Bihea, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kr. Singh, Advocate Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 7 of the Essential Commodities Act, 1955.

Allegation is that 12 bags of wheat each weighing 50 kgs was recovered from the house of the petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to mistake of fact. The petitioner is a P.D.S. dealer. It is further submitted that the petitioner is ready to deposit an amount of

Patna High Court Cr.Misc. No.51109 of 2016 (2) dt.02-12-2016 2/2 Rs.15,000/- in the court below, which shall be subject to final disposal of the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.15,000/- in the court below, which shall be subject to final disposal of the case and on doing so, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Vth, Bhojpur at Ara in connection with Bihiya P.S. case No.207 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T