Shamsher @ Md. Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18088 of 2017 Arising Out of PS.Case No. -202 Year- 2015 Thana -BAUSI District- PURNIA ====================================================== Shamsher @ Md. Shamsher, son of Md. Shamsul, resident of Doriya, P.S. Dagarua, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Baisi P.S.Case No. 202 of 2015 registered for the offences punishable under Section 7 of the Essential Commodities Act. Allegation as per FIR is that 93 quintals of rice were seized from a tractor.

It has been submitted on behalf of the petitioner that petitioner has not been arrested at the spot and later on, on the vague allegation that he is driver of the tractor, he has been implicated in this case, rather petitioner is neither driver nor owner of the tractor and he has no concern with the seized article and he is in custody for more than two months having clean antecedent. Heard learned APP also.

Having heard both sides and considering the facts and

Patna High Court Cr.Misc. No.18088 of 2017 (2) dt.19-04-2017 2/2 circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Purnea, in connection with Baisi P.S.Case No. 202 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U