Mansab And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45998 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -RAUTA District- PURNEA ======================================================

1. Mansab son of Sagir @ Md. Samiruddin

2. Mansaf @ Mansab son of Afjal Both R/o Village- Bhashabari P.S.-Rauta District-Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Adv. For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2016 Heard both sides.

The petitioners apprehend their arrest in Rauta P.S. Case No. 35/2016, registered for the offence punishable under Section 7 of Essential Commodities Act.

The allegation is that P.D.S. shop dealer was selling rice to the petitioners.

Learned counsel for the petitioner submits that the petitioners did not purchase rice from P.D.S. shop dealer Lakhan Lal Harijan. From the possession of Lakhan Lal Harijan the rice was seized. On mere assertion that the petitioners had come there to purchase rice from the P.D.S. shop dealer this false case has been lodged, but no rice was purchased by the petitioners.

Patna High Court Cr.Misc. No.45998 of 2016 (2) dt.28-11-2016 2/2 Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Purnea in connection with Rauta P.S. Case No. 35/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T