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Patna High CourtCR. MISC./197/2017allowed

Tipu Poddar v. The State Of Bihar

2017-01-12Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.197 of 2017 Arising Out of PS.Case No. -208 Year- 2016 Thana -BALIA District- BEGUSARAI ====================================================== Tipu Poddar S/o Late Ram Padarath Poddar R/o Ballia, P.S. - Ballia, Dist. - Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Balia P.S. Case No. 208 of 2016 registered under Section 7 of the Essential Commodities Act.

The accusation is of recovery of 285 bags of grain loaded in a truck from the shop of this petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been made accused in this case mere on suspicion. In fact, it has not been ascertained that the seized material is of any Government Scheme or stolen one. Further submission is that according to the Gazette of India no. 87 dated 15.02.2002, as contained in Annexure-2 of the petition, there

Patna High Court Cr.Misc. No.197 of 2017 (3) dt.12-01-2017 2/2 is no need of license for the business of grain. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of 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 S.D.J.M., Begusarai in connection with Ballia P.S. Case No. 208 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shail/- U T