Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35475 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -GOH District- AURANGABAD ====================================================== Anjani Kumar Son of Radhey Raman Resident of village- Malhad, P.S. Bundaya, District Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2016 Heard both sides.

The Petitioner apprehends his arrest in Goh P.S. Case No.59 of 2016 under Section 7 of the Essential Commodities Act, 1955.

The informant found a Pickup van bearing Registration No.BR 02W 7195 loaded with 64 bags of rice. The informant searched the Pickup Van but nobody was found. Abhishek Kumar brought the pickup van to Police Station. On the next day, Ramlala Singh, the P.D.S. dealer and the petitioner were not found at the inspection of their shop and on call, they did not turn up. It appears that the informant did not make any efforts to inspect the godown of the petitioner in order to find out as to whether there was any shortage of food grains in the godown of

Patna High Court Cr.Misc. No.35475 of 2016 (3) dt.05-10-2016 2/2 the petitioner and without inspecting the godown and the registers of the petitioner on mere suspicion, the name of the petitioner is figured in the FIR.

Considering the facts aforesaid, petitioner above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on anticipatory bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Goh P.S. Case No.59 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) N.H./- U T