Gaurang Bosak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40422 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -BAUSI District- PURNIA ====================================================== Gaurang Bosak, Son of Chhakaman Bosak, Resident of Village- Bairia, Police Station- Baisi in the district of Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Baisi P.S. Case No. 124 of 2017, G.R. No. 2370 of 2017 instituted for the offence under Section 7 of Essential Commodities Act. As per written report, one Tempo was found loaded with 200 litres of blue kerosene oil kept in a plastic drum. The driver of the Tempo disclosed the name of this petitioner and has stated that he loaded the kerosene oil from the shop of dealer Gaurang Bosak (petitioner) on the order of Narayan Sah and he was transporting the aforesaid k.oil to the house of Narayan Sah. As such, name of this petitioner has been disclosed by driver of tempo who was apprehended by the informant.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.40422 of 2017 (2) dt.22-09-2017 2/2 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 Baisi P.S. Case No. 124 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 Sub Divisional Judicial Magistrate, Purnea, 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.