Dhaniklal Singh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44960 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== DHANIKLAL SINGH YADAV Son of Sri Lakshmi Yadav Resident of Village- Barha, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mr.Nilesh Kumar, Adv.
For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 This application, for grant of anticipatory bail, arises out of Benipatti P.S. Case No. 99 of 2019, disclosing offences under Section 7 of the Essential Commodities Act. Allegation as per F.I.R. is that 16 bags of rice and 2 bags of wheat were recovered and it was found to be of subsidized grain and when the petitioner enquire from the petitioner, who is a dealer under Public Distribution System, then he assaulted the informant and it is alleged that the petitioner being PDS dealer was taking the grain for black marketing.
Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case at the instance of the informant and there
Patna High Court CR. MISC. No.44960 of 2019(2) dt.22-07-2019 2/2 is absolutely nothing to show that the recovered grain is of the PDS shop of the petitioner.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. 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. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Benipatti, Madhubani, in connection with Benipatti P.S. Case No. 99 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T