Patna High CourtCR. MISC./69592/2018bail granted

Hemant Kumar Sah @ Hemant Kumar And ANR v. The State Of Bihar

2018-11-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69592 of 2018 Arising Out of PS. Case No.-574 Year-2018 Thana- BANKA District- Banka ======================================================

1. Hemant Kumar Sah @ Hemant Kumar S/o late Anant Sah Resident of Village- Vijaynagar, P.S. Banka, District- Banka.

2. Sintu Yadav Son of Fulo Yadav Resident of Village- Vijaynagar, P.S. Banka, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari For the Opposite Party/s :

Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Banka P.S. Case No. 574 of 2018 registered for the offence punishable under Section 7 of the E.C. Act. Allegation against petitioners is of recovery of 60 bags of rice which is alleged to be of PDS to be distributed among the beneficiaries from the pick up van of which one is owner of grain and other is driver. Petitioners are in custody since 24.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each

Patna High Court Cr.Misc. No.69592 of 2018(2) dt.28-11-2018 2/2 with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Banka, in connection with Banka P.S. Case No. 574 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/- U T