Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14432 of 2017 Arising Out of PS.Case No. -497 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Upendra Singh, son of Kameshwar Singh, resident of Village- Batrauli, P.S. Akilpur, Dist.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Nand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Danapur P.S Case No. 497 of 2016 registered for the offences punishable under Section 7 of Essential Commodities Act. Allegedly, the petitioner was apprehended with 3035 liters of blue coloured kerosene oil kept in 103 gallon was recovered and the petitioner stated that he has purchased the same from Sanjay of Naya Tola, Danapur.

Submission is of false implication and that the petitioner has been made victim of the circumstances, the said kerosene oil was loaded in a pick-up van and the driver of the said pick-up van has already been allowed bail vide Cr. Miss. No. 6729

Patna High Court Cr.Misc. No.14432 of 2017 (5) dt.22-05-2017 2/2 of 2017, chargehseet has already been submitted and the petitioner is suffering in custody since 29.11.2016, the petitioner has got no criminal antecedent and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. fairly submits that Anil Kumar the driver of the pick-up van has already been allowed bail by another co-ordinate bench of this court.

In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna, in connection with Danapur P.S. Case No. 497 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T