Sagufta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46867 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- KADWA District- Katihar ====================================================== 1.

Sagufta W/O Md. Rasid Alam Resident Of Village- Malikpur, P.S.- Kadwa, Districct- Katihar.

2.

Dayal Kumar Singh S/O Basu Singh Resident Of Village- Pindhal, P.S.- Azam Nagar, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

The prosecution case as per F.I.R is that 438 bags of food grains alleged to have been recovered from the Dala of one Tractor bearing Chassis No. WVCK45621125929. It is further alleged that shop of the Dealer investigated and on deficit of food grains was found from godown of the PDS dealer Mosomat

Patna High Court CR. MISC. No.46867 of 2022(2) dt.14-12-2022 2/3 Hamidan. The allegation against the petitioners is that they are owner and driver of the tractor in question. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in the present case. It is also submitted that petitioner No. 1 is the owner of alleged tractor and petitioner No. 2 is the driver of the alleged tractor. The petitioners are not named in FIR and their name sprang up during the investigation of case. It is further submitted that petitioners are neither PDS dealer nor anything has been recovered from their conscious possession. It is also submitted that provision of Essential Commodities Act is not attracted in this case. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail

Patna High Court CR. MISC. No.46867 of 2022(2) dt.14-12-2022 3/3 on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar in connection with Kadwa P.S. Case No. 09 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T