Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7838 of 2016 Arising Out of PS.Case No. -36 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN (MOTIHARI) =====================================

1. Anil Kumar, S/o Mishrilal Mahto, of Vill.- Baraiya Bijbani, P.S.- Jitna (Ghorasahan), Dist.- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar, Adv. For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ghorasahan (Jitna) P.S. Case No.36 of 2015, disclosing offences under Section 7 of the Essential Commodities Act.

It appears that a truck was incepted by the police, whereafter, the driver had fled away. From the said truck hundred bags of Urea was seized, on 01.02.2015, by the Block Agriculture Officer, on the

direction of the District Agriculture Officer, on being informed by the police. The petitioner is the owner of the said truck.

Learned counsel for the petitioner has submitted that the petitioner was not named in the First Information Report and his name has surfaced only in the supervision note of S.D.P.O., Motihari (East Champaran), wherein, he has raised a suspicion as regards, petitioner's involvement also. The petitioner has no criminal antecedent, as stated in paragraph-3 of the application.

Considering the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, 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 learned Sub-Divisional Judicial Magistrate, Sadar at Motihari, East Champaran, in connection with Ghorasahan (Jitna) P.S. Case No.36 of 2015 (G.R. Case No.177 of 2015), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T