Shashi Ranjan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42083 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -BANDIYA District- AURANGABAD ======================================================

1. Shashi Ranjan Paswan Son of Late Doman Ram, Resident of VillageSuggi, P.S.- Bandaya, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar No. 1 For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bandaya P.S. Case No. 13 of 2017 instituted for the offence under Section-7 of Essential Commodities Act.

It has been submitted on behalf of the petitioner that there was no any complaint made by any of the beneficiary. The inquiry was done mechanically, motivated on the instruction of District Magistrate by the informant. The petitioner was not given any information about the inquiry to be done on 15-06-2017 and 16-06-2017. From the written report, it appears that general and omnibus allegation has been levelled against the petitioner that various irregularities have been done by him.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.42083 of 2017 (2) dt.13-09-2017 his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bandaya P.S. Case No. 13 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (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) A.K.V./- U T