Ganesh Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53650 of 2016 Arising Out of PS.Case No. -333 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Ganesh Bhagat, son of Maheshwari Bhagat, resident of Village- Sripur, P.S. & District- Madhepura.

2. Bihari Yadav, son of Bijendra Yadav, resident of Village- Chakala Laxmi Rampur, P.S. & District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Madhepura P.S. Case no. 333 of 2016, registered under Section 7 of the Essential Commodity Act.

The accusation is that eight bags of rice and six bags of wheat recovered from one pick up van bearing Reg. No. BR-43G1574, which belongs to Bihar State Food Corporation. Learned counsel for the petitioners submits that petitioners are not named in the F.I.R. In course of investigation, the owner of the vehicle, namely, Sunil Kumar disclosed that the said vehicle was hired by the petitioner no.1. Further submission is that there is nothing against the petitioners, in fact, petitioner No.1 is the owner of weight and measurement shop (Dharmkanta) and petitioner

Patna High Court Cr.Misc. No.53650 of 2016 (2) dt.20-12-2016 2/2 No.2 is the staff of petitioner No.1 and they have no concerned with the seized articles and the said pick up van. The petitioners have falsely been implicated in this case. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 333 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T