Patna High CourtCR. MISC./50823/2017allowed

Om Padarath Raut @ Om Prakash Raut v. The State Of Bihar

2017-10-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.50823 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50823 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ====================================================== Om Padarath Raut @ Om Prakash Raut .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hasanpur Police Station Case No. 115 of 2017, disclosing offences under Section 7 of the Essential Commodities Act, 1955.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be PDS dealer have properly distributed the food grains to the beneficiaries and they have also put their signature in the record register. Therefore, no case under Section 7 E.C. Act is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.50823 of 2017 (2) dt.18-10-2017 Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Samastipur, in connection with Hasanpur Police Station Case No. 115 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T