Laxmi Narayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41944 of 2016 Arising Out of PS.Case No. -181 Year- 2015 Thana -PHULWARIA District- BEGUSARAI =====================================

1. Laxmi Narayan Mahto, Son of Late Yogi Mahto, Resident of Village-Phulwaria, P.S.-Phulwaria, District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Nagendra Prasad ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Phulwaria P.S. Case No. 181 of 2015, disclosing offences under Section 7 of the Essential Commodities Act.

Seventy bags of rice weighing thirty quintals, were seized by the Block Supply Officer, Teghda, in the district of Begusarai, which was being carried in a tempo. The driver of the said tempo disclosed that the said

Patna High Court Cr.Misc. No.41944 of 2016 (2) dt.29-09-2016 2/3 consignment was loaded from the PDS shops of coaccused, namely, Mahendra Choudhary. Though the petitioner is not named in the First Information Report, learned counsel, appearing on his behalf, has submitted that in the further statement, made in course of investigation before the police, the said driver has disclosed the name of this petitioner as the person to whom the said consignment was meant to be delivered. He has submitted that over and above this fact, there is no allegation against this petitioner.

Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within 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 Sub-Divisional Judicial Magistrate, Begusarai, in connection with Phulwaria P.S. Case No. 181 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of

Patna High Court Cr.Misc. No.41944 of 2016 (2) dt.29-09-2016 3/3 failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T