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Patna High CourtCR. MISC./24634/2016bail granted

Suresh Rai v. The State Of Bihar

2016-07-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24634 of 2016 Arising Out of PS.Case No. -143 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Suresh Rai son of Jageshwar Rai, resident of village- Arara, P.S.- Sadar Hajipur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 285 of the Indian Penal Code and Section 7 of Essential Commodities Act.

1200 litres diesel are said to have been recovered from the Dalan of the petitioner for which petitioner is in jail custody since 08.04.2016.

Submission on behalf of the petitioner is that even if the prosecution story assumed to be true, then also, petitioner is an agriculturist and as a matter of fact, he had stored the aforesaid diesel for agricultural purposes and not for sale.

Patna High Court Cr.Misc. No.24634 of 2016 (4) dt.22-07-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 143 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T