Md. Tayabul And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18624 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -DAGARUA District- PURNIA ======================================================

1. Md. Tayabul Son of Md. Mohiuddin, R/o village- Bangarora, P.S. Baisi, District- Purnea.

2. Abdulla@ Abdullah Son of Noor Muhammad, R/o Salimpur Balrampur, P.S. Bairojee, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend arrest in connection with Dagarwa Police Station Case No. 3 of 2018 registered for the offence under section 7 of the Essential Commodities Act. It has been submitted that the petitioner is an owner of tractor and trailer and his tractor was hired by one Md. Tabrej @ Tabrej for transporting rice which was purchased by him from the rice mill. Md. Tabrej has already been allowed anticipatory bail by one of the coordinate Bench of this Court in Cr. Misc. No.18596 of 2018. The petitioner is an owner of tractor and had no concern with the said rice. The allegation of dealing with rice

Patna High Court Cr.Misc. No.18624 of 2018 (3) dt.04-05-2018 2/2 against the petitioner is omnibus.

The learned Additional Public Prosecutor on the other hand, opposed the submission.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within a period of six weeks, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Dagarwa Police Station Case No. 3 of 2018, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition is that (1) one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Sanjay Kumar, J) Mahesh/- U T