Ashok Sah @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43931 of 2016 Arising Out of PS.Case No. -116 Year- 2016 Thana -MOJAHIDPUR District- BHAGALPUR =========================================================== Ashok Sah @ Ashok Kumar S/o Late Sukhdeo Sah resident of Aliganj, P.S.- Mohanpur (Babarganj), District- Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 05-10-2016 Heard learned counsel for the parties.
The petitioner seeks pre-arrest bail in Mojahidpur (Babarganj) P.S. Case No. 116 of 2016 dated 16.07.2016 instituted under Section 7 of the E.C. Act.
The allegation against the petitioner is that from his godown, rice bags with marking indicating use for Mid Day Meal Scheme have been found.
Learned counsel for the petitioner submits that the rice is not a controlled item and no license is required. It is further submitted that on mere allegation the case has been lodged and that the petitioner is running a bona fide business and in fact, on the said day, two godowns and one truck was the subject matter of raid by the officials and for which separate cases have been instituted. It is further
Patna High Court Cr.Misc. No.43931 of 2016 dt.05-10-2016 2/2 submitted that the petitioner has been granted the privilege of anticipatory bail by a co-ordinate Bench with regard to another case in Cr. Misc. No. 41811 of 2016 dated 23.09.2016. Learned A.P.P. opposes the prayer and submits that from the seized sacks it is clear that it had blue stitching as well as blue sticker which is not available otherwise in the market and is the special mode of packaging for rice meant for Mid Day Meal Scheme and, thus, the petitioner possessing the same without valid documents indicates wrong doing.
Having considered the rival contentions, the Court is not inclined to enlarge the petitioner on anticipatory bail. The application, accordingly, stands dismissed. However, in the event the petitioner surrenders before the court below within one month from today and seeks regular bail, the same shall be considered on its own merit, in accordance with law, without being prejudiced by the present order. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.10.2016 Transmission Date 06.10.2016