Dev Narain Panjiyar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2423 of 2016 Arising Out of PS.Case No. -42 Year- 2015 Thana -MANPUR District- WEST CHAMPARAN (BETTIAH) ======================================================
1. Dev Narain Panjiyar, Son of Ram Lakhan Panjiyar,
2. Birjhan Das, Son of Late Maharaj Das, Both Resident of Village- Jhingna, P.S.- Manpur, District-West Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Manpur P.S. Case No. 42 of 2015 registered under Section 7 of the Essential Commodities Act.
It has been contended that the FIR does not disclose as to which provision of the control order has been violated by the petitioners and, as such, no offence under Section 7 of the Essential Commodities Act would be made out. It is further contended that the alleged recovery of 240 liters petrol along
Patna High Court Cr.Misc. No.2423 of 2016 (2) dt.20-01-2016 2 / 2 with five motorcycles was made on 17th October, 2015, but the FIR and the seizure list were transmitted to the court on 26th October, 2015 and there is no explanation for undue delay caused in transmitting the FIR and the seizure list. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran in connection with Manpur P.S. Case No. 42 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T