Rajeev Singh @ Rajeev Kumar Singh @ Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30738 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Rajeev Singh @ Rajeev Kumar Singh @ Kanhaiya Singh Son of Sri Sashi Bhushan Singh, Resident of Village - Hasanpur Block Road, P.S. - Hasanpur, District - Samastipur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. N.K. Agarwal, Sr. Advocate Mr. Sandip Kumar Gautam, Advocate For the Opposite Party : Mr. Pawan Kumar Chaurasiya (APP117) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-08-2016 Heard learned senior counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Cheriya Bariyarpur P.S. Case No.42 of 2016 registered for the offences punishable under Sections 420,467 and 468/34 of the Indian Penal Code and Section 7 of Essential Commodities Act. Learned senior counsel appearing on behalf of the petitioner submits that about 820 bags of rice were seized from a truck which is said to be belonging to the petitioner. Learned senior counsel further submits that the petitioner is not a PDS dealer and only on suspicion that the rice belongs to the FCI, the petitioner is facing prosecution and that too on the confessional

Patna High Court Cr.Misc. No.30738 of 2016 (3) dt.09-08-2016 2/2 statement made before the police by the driver of the vehicle which is said to have been carrying said bags. Considering the nature of allegations made and free sale rice does not fall within the scope and ambit of section 7 of the E.C. Act, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 42 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) ravi/- U T