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Patna High CourtCR. MISC./47052/2019bail granted

Ajay Sao v. The State Of Bihar

2019-07-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47052 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== Ajay Sao Son of Late Ishwar Sao Resident of Village- Tiskuraba, P.S.- Harnaut, (Gokhulpur), District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Harnaut (Gokhulpur OP) P.S. Case No.175 of 2019, registered for the offence punishable under Section 7 of Essential Commodities Act.

The petitioner is a PDS Dealer having Licence No.81 of 2016. It is alleged that two bags of rice and two bags of wheat have been recovered as it appears from the body of the statement recorded by the Block Supply Officer, but seizure list is completely incoherent showing recovery of 14 bags of rice and 14 bags of wheat.

Counsel for the petitioner submits that statement

Patna High Court CR. MISC. No.47052 of 2019(2) dt.30-07-2019 2/2 made in the FIR does not tally with the seizure list. Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut (Gokhulpur OP) P.S. Case No.175 of 2019 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) V.K.Pandey/- U T