Parmeshwar Kumar @ Panna Lal @ Parmeshwar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31345 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================
1. Parmeshwar Kumar @ Panna Lal @ Parmeshwar Son of Sri Arjun Sao,
2. Pramod Kumar , Son of Late Gaya Mahto,
3. Tulsi Prasad , Son of Late Kesho Mahto, All are Resident of Village and Post Baghi Bardiha, P.S.- Warisaliganj, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Sinha For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in custody since 10.06.2017 in connection with Warsaliganj P.S. Case No. 134/2017 for offences punishable under Section 7 of the Essential Commodities Act and under Section 414 of the Indian Penal Code.
The prosecution case, as lodged by the Block Supply Officer, Warsaliganj, is that on information that government rice was being loaded on a Tata 709 truck for the purposes of black marketing, a raid was conducted and 109 bags containing 54 quintals of rice was confiscated
Patna High Court Cr.Misc. No.31345 of 2017 (2) dt.11-07-2017 2/3 from the truck and the petitioners were apprehended. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioners that petitioner no. 1 is the son of the miller Arjun Sao, petitioner no. 2 is the khalasi and petitioner no. 3 is a local villager and they have no concern with the alleged rice as the villagers had given their paddy for milling at the mill of Arjun Sao and rice being the free sale commodity and the petitioners not being the PDS dealers, no case under Section 7 of the E.C. Act is made out against them. He submits that some of the farmers have given on affidavit that they had given their paddy for dehusking at the mill of Arjun Sao where alleged truck has been seized, hence, no case under Section 414 IPC is made out against the petitioners.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.31345 of 2017 (2) dt.11-07-2017 3/3 Nawada in connection with Warsaliganj P.S. Case No. 134/2017.
(Nilu Agrawal, J) Rajesh/- U T