Gauri Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.30922 of 2014 (2) dt.28-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30922 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -DARIYAPUR District- SARAN ======================================================
1. Gauri Sah Son of Late Gang Dayal Sah Resident of villageMahmmadpur, P.S.- Dariyapur, District- Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Singh For the Opposite Party/s : Mr. Hirday Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner apprehends his arrest in connection with Dariyapur P.S. Case No. 24 of 2014 registered for the offences punishable under Sections 414/417 of the Indian Penal Code and Section 7 of the Essential Commodities Act.
Allegedly, during raid, electronic weighing machine, 47 yellow plastic bag having mark of Tajmahal containing 50 kg. each rice with hand stitched two bags of SFC containing 50 kg. and 10 kg Total 29.10 quintals boiled rice, 58 empty bags of SFC were recovered.
Submission is that there is no control on rice and as such offence under Section 7of E.C. Act is not made out, further
Patna High Court Cr.Misc. No.30922 of 2014 (2) dt.28-01-2015 the bags of SFC and FCI is being sold in open market as the dealers after selling the articles used to sale the empty bags in open market, as such the petitioner deserves sympathetic consideration to which the learned APP does not oppose. In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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, Saran at Chapra in connection with Dariyapur P.S. Case No. 24 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T