Biran Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10361 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -MANPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Biran Mukhiya Son of Banka Mukhiya Resident of village - Pujaha Patjeerwa, Police Station Srinagar, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and 7 of the Essential Commodities Act.

The prosecution case is that from the pick up van being driving by the petitioner 1400 liters of diesel were recovered.

It is submitted by the learned counsel for the petitioner that the petitioner was simply a driver of public carrier. From the accusation it appears that it is not a case of stolen of diesel. Moreover, after going through the case diary learned Additional Sessions Judge recorded that there is no

Patna High Court Cr.Misc. No.10361 of 2016 (2) dt.04-03-2016 accusation against the petitioner of selling diesel of black marketing. Hence, neither an offence under Section 414 of the Indian Penal Code nor 7 of the Essential Commodities Act is made out against the petitioners. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Manpur P.S. Case No. 45 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T