Sita Ram Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30198 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -LAKHNAUR District- MADHUBANI ====================================================== Sita Ram Mishra, son of Late Ram Prasad Mishra, resident of VillageBalbhadrapur, Police Station- Lakhnaur (R.S. Sibir O.P., Jhanjharpur), District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Lakhnaur (R.S. O.P.) P.S. Case No.26 of 2017 (G.R. 227/2017) for allegedly having committed the offence under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that the petitioner is an old licensee of Fair Price Shop of the Panchayat, which has now been cancelled by the order of the the S.D.O., Jhanjharpur, vide Memo No.247 dated 29.11.2016. The appeal filed against the cancellation of the licence is still pending. However, the present F.I.R. lodged against him making false and frivolous charges has been filed in which he is facing prosecution.

Patna High Court Cr.Misc. No.30198 of 2017 (3) dt.20-07-2017 2/2 Considering the nature of allegations made against the petitioner and that his licence has already been cancelled and it is open to the authorities to proceed to make an inquiry, 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 released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Jhanjharpur, Madhubani, in connection with Lakhnaur (R.S. O.P.) P.S. Case No.26 of 2017 (G.R. 227/2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T