Patna High CourtCR. MISC./36895/2018bail granted

Nawal Kishore Khowala v. The State Of Bihar

2018-06-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36895 of 2018 Arising Out of PS. Case No.-288 Year-2017 Thana- DHURAIYA District- Banka ====================================================== Nawal Kishore Khowala, Son of Late Murlidhar Khowala, Resident of Mohalla- F-52/7, Karunamoyee Housing Estate, Kolkata- 700001. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Vikram Singh, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Dhoraiya P.S. Case No. 288 of 2017 registered for offences under sections 7 of the Essential Commodities Act.

The petitioner is the owner of the truck, not the owner of rice. The truck was carrying 405 bags each containing 48 Kg of rice. On the suspicion of Government rice, the truck, in question, was intercepted by the police and the truck is lying in the police station.

The petitioner has no concern with the rice but, he is the owner of the truck.

Patna High Court Cr.Misc. No.36895 of 2018(2) dt.29-06-2018 2/2 Looking to the entire facts and circumstances of the case, let the petitioner, namely, Nawal Kishore Khowala, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 288 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T