Bhole Shankar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.635 of 2017 Arising Out of PS.Case No. -206 Year- 2016 Thana -BELHAR District- BANKA ====================================================== Bhole Shankar Pandit, son of Jhagru Pandit, resident of Village- Ghogha, P.S.- Belhar, District- Banka.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Belhar P.S. Case No. 206 of 2016 for the offences instituted under Section 7 of the E.C. Act.

The prosecution story, in brief, is that the informant seized 31 quintals of rice loaded on a pick-up van for black marketing. The driver of the said vehicle disclosed that the said rice has been given by the proprietor to get the same delivered to this petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.635 of 2017 (2) dt.11-01-2017 2/2 falsely been implicated in the present case. No wrongful gain has been made on his part. It is further submitted that the petitioner is ready to deposit an amount of Rs. 25,000/- in the court below which shall be subject to final disposal of the case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 25,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Belhar P.S. Case No. 206/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T