Patna High CourtCR. MISC./49078/2017bail granted

Pramod Yadav v. The State Of Bihar

2017-10-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49078 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -JAMALPUR District- DARBHANGA ====================================================== Pramod Yadav S/o Satya Narayan Yadav, R/o Village- Partaha, P.S.- Navhata (O.P-Darhara), District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2017 Heard both sides.

The petitioner apprehends his arrest in Jamalpur P.S. Case No. 81 of 2016 registered for the offences punishable under Section 7 of the Essential Commodities Act and Section 3 of the Fertilizer Act.

The informant, Block Development Officer, Kiratpur, got information and, on such, a raid was conducted. 75 bags fertilizer and seeds were recovered. Birendra Kumar Yadav, the owner of the boat, disclosed that the seeds and fertilizers belong to Pramod Yadav, the petitioner.

Learned counsel for the petitioner submits that nothing has been recovered from conscious possession of the petitioner. The petitioner has no manner of concern with the

Patna High Court Cr.Misc. No.49078 of 2017 (2) dt.17-10-2017 recovered articles. The petitioner is not the owner of the seized articles.

Considering the facts aforesaid, the petitioner above named in the event of his 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, is directed to 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 learned Additional Chief Judicial Magistrate, Biraul, Darbhanga in Jamalpur P.S. Case No. 81 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T