Sheoji Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3690 of 2021 Arising Out of PS. Case No.-348 Year-2019 Thana- DINARA District- Rohtas ====================================================== Sheoji Singh Son of Harishankar Yadav Resident of Village - Bishnupura Baraon, P.S.- Nokha, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Sahay- Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-09-2021 Heard Mr. Ravi Shankar Sahay, the learned Advocate for the petitioner and Mr. Nitya Nand Tiwary, the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Dinara P. S. Case No.348 of 2019, instituted for the offences under Section 7 of the E. C. Act. 20 quintals of rice kept in F.C.I. bags was found loaded on a tractor in a market place. A seizure was made by the Block Supply Officer and thereafter on inquiry, it was found that it was the food-grains of the PDS shop of one Gulab Chand Sah.
The petitioner has been made accused in this case because he is the owner of the said vehicle.
The learned Advocate for the petitioner has
Patna High Court CR. MISC. No.3690 of 2021(2) dt.09-09-2021 2/3 submitted that assuming every accusation in the F.I.R. to be true, the offence under Section 7 of the E. C. Act cannot be saddled on him. The tractor belonging to the petitioner is a commercial vehicle which can be hired by any person. It may not have been necessary for the driver of the said vehicle to have inquired the reason for transportation of the rice in question. If at all any person is required to be blamed for the same, it is the PDS dealer who was found absconding when an inquiry was being conducted. Mr. Ravi Shankar Sahay, the learned Advocate for the petitioner has submitted that the aforesaid PDS dealer has been granted anticipatory bail. The driver of the vehicle also has been granted bail.
Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dinara
Patna High Court CR. MISC. No.3690 of 2021(2) dt.09-09-2021 3/3 P. S. Case No.348 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) vikash/- U T