Md. Subhani v. The State Of Bihar

Patna High Court Cr.Misc. No.50275 of 2015 (3) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50275 of 2015 Arising Out of PS.Case No. -194 Year- 2014 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Md. Subhani S/o Late Md. Taiyab Alam, R/o Sondha Naya Tola, P.S.- Kochadhiman, District- Kishanganj and Prop. M/s Sayan Khad Beej Bhandar, Sanstha, Police Station- Kochadhaman, District- Kishanganj. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Satish Kumar Sinha For the Opposite Party : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kochadhaman P.S. Case No. 194 of 2014 for the offences instituted under Section 7 of the Essential Commodities Act. As per the prosecution case that on 22.08.2014 the SHO Kochadhaman P.S and the Circle Officer, Kochadhaman caught one vehicle loaded with 100 bags of TCL urea fertilizer with the driver Sajjad Khan and there was no paper of fertilizer with the driver and on query the driver of the vehicle stated that the fertilizer was loaded at Dalkola in Bangal and was being carried away to the fertilizer shop of Md. Subhan of Sontha in the name of Sayan Khad Bij Bhandar.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.50275 of 2015 (3) dt.17-02-2016 petitioner has got no criminal antecedent. Petitioner is the owner of the pick-up van on which the alleged urea was being transported. The petitioner is not concerned with the urea in question. It is further submitted that the petitioner is ready to deposit an amount of Rs.20,000/- in the court below which shall be subject to the 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 petitioners shall deposit an amount of Rs.20,000/- in the court below which shall be subject to the 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 Kochadhaman P.S.

Case No.

of 2014/G.R.No.1514 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Kishanganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T