Shivjee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26797 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Shivjee Sah son of late Rambilas Sah resident of village- Bakhari, P.S.- Motipur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh, Advocate For the Opposite Party/s : Mr. Dr .Ajeet Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 7(1) (a) (ii) of the Essential Commodities Act. Accusation is of selling spurious fertilizers without having licence.

It is submitted by the learned counsel for the petitioner that the First Information Report suggests that neither the shop was searched nor any seizure was made and only on suspicion the First Information Report has been lodged. 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

Patna High Court Cr.Misc. No.26797 of 2015 (2) dt.20-07-2015 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 Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Motipur P.S. Case No. 18 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T