Nirmal Sharma @ Nirmal Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48981 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Nirmal Sharma @ Nirmal Kumar Sharma Son of Jagdish Sharma Resident of village - Gaunaha, Police Station Gaunaha, District West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner is apprehending his arrest in a case registered for offences punishable under Section 7 of the Essential Commodities Act.
It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner, he has been implicated in the present case as he is relation of the M.D.M. Contractor, and he has no concern with the alleged offence and only on the basis of confession of the accused, from whom the alleged MDM rice was recovered, the petitioner's name has been dragged into the present case.
Patna High Court Cr.Misc. No.48981 of 2016 (2) dt.16-12-2016 2/2 Having heard both sides and in view of the fact that the petitioner has no criminal antecedent and only on the basis of confession of one Laxman Sah, his name transpired in this case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Gaunaha P.S. Case No. 82 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunil/- U T