Ashish Ram @ Ashish Kr. Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57255 of 2017 Arising Out of PS.Case No. -353 Year- 2017 Thana -RANIGANJ District- ARRARIA ======================================================

1. Ashish Ram @ Ashish Kr. Ram Son of Kalanand Ram Resident of Village- Bishanpur Ward No. 11 Police Station Raniganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Raniganj P.S. Case No. 353 of 2017 registered for the offence under Section-7 of Essential Commodities Act.

It is alleged in the written report, that one tractor was found loaded with 45 bags of wheat of FCI and driver escaped from the place of occurrence. The villagers informed the police that wheat recovered from the tractor belongs to PDS dealer namely Ashish Ram (petitioner).

It has been submitted that the petitioner has been named by the villagers only on account of being a PDS dealer. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the

Patna High Court Cr.Misc. No.57255 of 2017 (2) dt.07-12-2017 event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Raniganj P.S. Case No. 353 of 2017 to the satisfaction of SDJM, Araria subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T