Shri Ram Naresh Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.20972 of 2017 (3) dt.30-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20972 of 2017 Arising Out of PS.Case No. -327 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Shri Ram Naresh Thakur, S/o Late Ram Pattan Thakur, Resident of Village- Batrolia, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anujit Sinha For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 327 of 2016, registered under Sections 420 and 390 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

The accusation is that, on receiving secret information about keeping the rice and wheat bags of Food Corporation of India in the room of the house of the petitioner, the Block Supply Officer along with police officials reached in the village- Batrolia, Purvi Tola near Shiv Temple and recovered 105 bags of rice each containing 50 KG and 83 bags of wheat each containing 50 KG in front of the room of the house of the petitioner.

Patna High Court Cr.Misc. No.20972 of 2017 (3) dt.30-08-2017 Learned counsel for the petitioner submits that while the allegation has been made about keeping the bags of wheat and rice in front of the room of the house of the petitioner but it would appear from the seizure list that the alleged bags of wheat and rice were recovered near the Shiv Temple not in front of the room of the house of the petitioner. It is further submission the petitioner has falsely been implicated in this case mere on suspicion and he has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, West Muzaffarpur, in connection with Saraiya P.S. Case No. 327 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T