Shambhu Lal Prasad @ Shambhu Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37715 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -KESARIA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Shambhu Lal Prasad @ Shambhu Lal Sah, s/o- late Chaturi Sah, resident of Village- Benipur, P.S.- Keshariya, Distt.- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar Sinha, Advocate. For the Opposite Party : Dr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-01-2017 Heard learned counsel for the Petitioner and the State. The Petitioner seeks anticipatory bail in a case instituted for the offence under Section 7 of Essential Commodities Act.

It is alleged in the written report that two bags of rice were seized from a tempo of one Munna Gupta which was used for black-marketing. From the written report as well as seizure list, it appears that the petitioner was not present at the spot. There is mere allegation in the written report that aforesaid two bags of rice were taken for black-marketing. Besides this, there is no specific overt act alleged against the petitioner. Considering the facts and circumstances of the case, let the Petitioner in the event of surrender, named above, within

Patna High Court Cr.Misc. No.37715 of 2016 (3) dt.13-01-2017 2/2 six weeks from the date of receipt/production of a copy of this order, in connection with Keshariya P.S. Case No. 166 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XI, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T