Bhikhar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39542 of 2017 Arising Out of PS.Case No. -122 Year- 2017 Thana -HASPURA District- AURANGABAD ====================================================== Bhikhar Singh, Son of late Sukhdeo Singh, resident of Village- Dilwarpur, P.S.- Haspura, District- Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate. For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Haspura P.S. Case No. 122 of 2017 instituted for the offence under Section 7 of Essential Commodities Act.
It has been submitted that the instant case has been filed only on the basis of direction made by the Sub Divisional Magistrate, Daudnagar. There is no allegation that any irregularity has been found by the informant during inspection of the shop of the informant.
In the written report it is alleged that the informant is PDS dealer and on information, the Block Supply Officer, went to the shop of the petitioner without information, which was found closed. During enquiry, some beneficiaries made complaint of less
Patna High Court Cr.Misc. No.39542 of 2017 (3) dt.30-08-2017 2/2 supply of food grains and K. oil to the beneficiaries. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Haspura P.S. Case No. 122 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.