Abinav Kumar @ Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19696 of 2017 Arising Out of PS.Case No. -421 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Abinav Kumar @ Anand Kumar, s/o Sri Anil Kr. Singh, r/o villageAmhara, PS- Bihta, Dist.- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-05-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of Bihar State Food Corporation.

Petitioner is apprehending his arrest in connection with Bihta PS case no. 421 of 2016 registered for the offences punishable under Sections 420, 467, 468, 120B of Indian Penal Code and Section 7 of Essential Commodities Act. Petitioner is the owner of the truck bearing registration no. BR 01GA- 0385. F.I.R. was lodged by the Supply Inspector, Bihta. From perusal of the F.I.R., it appears that the truck was intercepted containing C.M.R. rice and the Supply Inspector presumed that by deviating from the prescribed route, the truck carrying C.M.R. rice was involved in black marketing and as such liable to be prosecuted under the provisions of Section

Patna High Court Cr.Misc. No.19696 of 2017 (3) dt.31-05-2017 2/2 7 of Essential Commodities Act.

Counsel for the petitioner has drawn attention of this Court at page no. 17, the seizure list and submitted that seizure list was prepared in breach of the mandatory provisions of law. Counsel appearing on behalf of B.S.F.C. admits that B.S.F.C. has not sustained any loss. The rice was the property of the B.S.F.C. and it was returned to the B.S.F.C. Mere deviation from the prescribed route does not amount to commission of any offence of black-marketing. In para 3 of the petition, petitioner has stated that he has no criminal antecedent.

In view of the facts and circumstances mentioned above, let the petitioner, in the event of his arrest or surrender within four weeks from the date of receipt/ production of a copy of this order, be released on bail on his furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Danapur (Patna) or successor Court in Bihta PS case no. 421 of 2016 subject to the conditions enumerated under Section 438(2) of Code of Criminal Procedure.

(Anil Kumar Upadhyay, J.) rinkee/- U T