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Patna High CourtCR. MISC./38402/2017allowed

Vijay Prasad v. The State Of Bihar

2017-08-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38402 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Vijay Prasad, Son of Late Gulab Chand Ram, resident of Village- Usari, P.S.- Dawath, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and State The petitioner is an accused in Dawath P.S. Case No. 15 of 2017 for the offences under Section 7 of the Essential Commodities Act.

There is allegation against the petitioner that he is involved in black-marketing of wheat.

Senior counsel for the petitioner submits that the allegation leveled against the petitioner is patently false. The wheat loaded on the Pick-up Van was not of the petitioner, but of his brother. He submits that the stock register was found to be in order and there was no discrepancy in the stock register and as such the allegation of black-marketing is patently false and unsustainable on facts as well as law.

Considering the fact that the petitioner is a P.D.S.

Patna High Court Cr.Misc. No.38402 of 2017 (2) dt.19-08-2017 2/2 dealer and as per the statement of the petitioner no discrepancy was found in the stock register, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Bikramganj, Rohtas or the successor Court in connection with Dawath P.S. Case No. 15 of 2017, subject to the condition that the petitioner will extend full cooperation in the conclusion of the trial and will not, in any manner, tamper with the evidence or influence the witnesses. (Anil Kumar Upadhyay, J) Uday/- U T