Md. Sanovar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48221 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- BAUSI District- Purnia ====================================================== MD. SANOVAR Son of Md. Atabul Resident of Village - Kanjari, P.S.- Beldhor, Dist.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act. The prosecution case got initiated on the basis of written report of Block Supply Officer, Baisi submitted before the Station House Officer, Baisi is to the effect that on 16.07.2018, after having a secret information to the effect of black marketing of government grains, a pickup van was intercepted, but the driver of the pick-up van flee away from the scene leaving the vehicle. During frisking, 47 bags of rice was recovered from the vehicle in question, hence, it was suspected that the government rice is being transported for the purpose of black marketing. It is submitted by learned counsel for the petitioner that the

Patna High Court CR. MISC. No.48221 of 2019(2) dt.02-08-2019 2/2 petitioner has neither any concern with the vehicle in question nor with the seized grains. The accusation does not constitute offence either under Section 414 of IPC nor under Section 7 of the Essential Commodities Act. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the nature of accusation which prima facie does not attract against the petitioner coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with Baisi P.S. Case No.186 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T