Md. Kamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40947 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== MD. KAMAL, aged about 45 years, Male, Son of Md. Wajir R/o Banmankhi, P.S.- Banmankhi, District- Purnea ... Petitioner

Versus

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

For the Petitioner :

Mr. Dr. Bidhu Ranjan, Adv.

For the Opposite Party :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Barhara P.S. Case No. 33 of 2019 for the offence alleged under Section 7 of the Essential Commodities Act.

The accusation is that on receiving the secret information about carrying subsidized grains loading on tempo for black marketing, the Block Supply Officer, 'B' Kothi Purnea, visited for inspection, 7 bags of rice, each containing 60 Kg, and one bag wheat, containing 60 Kg, recovered from the tempo, bearing registration no. BR11M-1976, which was being driven by Md. Aziz, son of the petitioner, who did not give any proper reply regarding carrying the same.

The learned counsel appearing for the petitioner submits that petitioner being the owner of tempo in question,

Patna High Court CR. MISC. No.40947 of 2019(2) dt.03-07-2019 2/2 which was being driven by his son, Md. Aziz, has falsely been implicated in this case with ulterior motive. The petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Barhara P.S. Case No. 33 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure. (Rajendra Kumar Mishra, J) Shamshad/- U T