Indradeo Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14233 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -BARACHATTI District- GAYA ======================================================
1. Indradeo Paswan Son of Chamari Paswan Resident of village - Gangaur, P.S. Barachatti, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. M.Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barachatti Police Station Case No. 40 of 2015 registered for the offences punishable under Section 7 of the E.C Act. Petitioner happens to be P.D.S dealer.
It is stated that six bags of wheat, three bags of rice and eleven bags of paddy were recovered from the tempo and the driver of the aforesaid tempo disclosed that the seized articles belong to the petitioner.
The contention on behalf of the petitioner is that neither Block Development Officer nor Block Supply Officer or Investigating Officer of the present case inspected the shop of the
Patna High Court Cr.Misc. No.14233 of 2015 (2) dt.06-04-2015 2/2 petitioner and verified his stock. It is further contended by him that after three days of alleged occurrence Mukesh verified the stock and documents of the petitioner but did not find any irregularity. It is further contended by him that one Arvind Kumar has claimed himself to be owner of the seized articles. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Sherghati in Barachatti Police Station Case No. 40 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Namita/- U T