Shail Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35427 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shail Devi W/o Rajendra Manjhi R/o Koirganwa Panchayat, Maharani Bhopat, P.S.- Kolwa, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 131 of 2015 registered under Sections-420, 467, 468, 120B of the Indian Penal Code & Section-7 of the Essential Commodities Act.

Two persons were caught at a Anganwari Centre when they were refilling rice from one bag to another bag. The aforesaid apprehended persons disclosed that the seized rice belongs to one Ram Ayodhya Bhagat and the petitioner, who are PDS dealers and after that, the present case was lodged against the apprehended persons as well as the petitioner and co-accused Ram

Patna High Court Cr.Misc. No.35427 of 2016 (3) dt.09-11-2016 2/2 Ayodhya Bhagat. The case diary goes to show that the investigating officer did not take pain to inspect the shop of the petitioner and except the oral statements of witnesses, there appears to be nothing against the petitioner. Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kotwa P.S. Case No. 131 of 2015 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T