Arjun Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38863 of 2015 Arising Out of PS.Case No. -210 Year- 2015 Thana -FATEHPUR District- GAYA ======================================================

1. Arjun Sao, son of Prasad Sao, resident of Village- Nagwan, P.S.- Fatehpur, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar Singh For the Opposite Party/s : Mr. Umeshanand Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 7 of the E.C. Act. From the house of the petitioner 57 quintals of rice and 39.50 quintals of wheat contained in 114 bags were recovered leading to registration of the FIR.

It is submitted by the learned counsel for the petitioner that the petitioner is a farmer and recovery of grains does not constitute any offence under section 7 of the E.C. Act as it does not amount to violation of any Order under section 3 of the E.C. Act as the petitioner is not a PDS dealer. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.38863 of 2015 (2) dt.01-10-2015 2/2 Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Gaya in connection with Fatehpur P.S. Case No.210 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T