Rakesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51472 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rakesh Kumar Sharma S/o Harendra Lal Sharma, R/o Bagaha-1, P.S.- Bagaha, District- West Champaran .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party : Mr. Navin Kumar Pandey, APP 112 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Section 7 of the Essential Commodities Act. Rice was recovered from the house of co-accused, Laxman Sah. Suspicion is that the petitioner, who is relative of co-accused, Laxman Sah, as well as convener of the mid-day-meal scheme instead of carrying the rice to the school carried it to the Laxman Sah.

Learned counsel for the petitioner submits that the letter of the District Programme Officer, dated 17.10.2016, at page 22, would reveal that there was no discrepancy in the stock of the petitioner.

Considering the fact that only suspicion is there against the petitioner, above named, he, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Gaunaha P.S. Case No. 82 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate,

Patna High Court Cr.Misc. No.51472 of 2016 (3) dt.20-12-2016 West Champaran at Bettiah, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √