Md. Faiyaj Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5131 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -KUTUMBA District- AURANGABAD ====================================================== Md. Faiyaj Ahmad, S/o Late Md. Ayub, Resident of Village- Sonarkhap, P.S.- Kutumba, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kutumba P.S. Case No. 97 of 2016 registered under Section 7 of the Essential Commodities Act.

The accusation is that on receiving the information about selling of food grains of Fair Price Shop to Kailash Saw, which was being carried on a tempo, the informant being the Block Supply Officer reached at Sanda Bhatwa road where the tempo was seized which was being driven by Birendra Sao. On search, 7 bags each containing 50 kgs. of Rice; one weighing instrument and 40 empty bags were recovered. Tempo driver Birendra Sao disclosed that the rice was loaded at the Fair Price

Patna High Court Cr.Misc. No.5131 of 2017 (3) dt.24-04-2017 Shop of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that in fact the seized rice was purchased by Kailash Sao which was found on the tempo with weighing machine and with ulterior motive the petitioner has been falsely implicated in this case. The stock register of the petitioner's fair price shop was verified as detailed in paragraph-56 and 57 of the case diary which was found correct. It is submitted that the petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Md. Faiyaj Ahmad be released on bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 97 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) S.Sb/- U T