Subhash Chandra Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58805 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- RAJAON District- Banka ====================================================== SUBHASH CHANDRA PODDAR Son of Shankar Poddar Resident of Village - Katiyama, P.S. - Rajaun, Distt. - Banka. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Sudama Mahto Son of Late Ramdeo Mahto District Agriculture Officer, Banka.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate with M/S Amresh Kumar Sinha, Preety Kunwar, Advs For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Rajaun P.S. Case No. 247 of 2019 registered for the offences punishable under Sections 417, 420, 467, 468, 471 of the Indian Penal Code and Section 13 of Seeds Rule, 1968. Allegation against the petitioner is that without authority he was packaging seeds in the name of Achala Brand, as such he has committed crime under the provisions of Seeds Rules as well as Sections of IPC.
Submission of learned counsel for the petitioner is that in view of the facts stated in the FIR no offence is made out under the IPC and so far Seeds Rule is concerned, punishment is only fine to the extent of Rs.500/- and he is ready to abide by
Patna High Court CR. MISC. No.58805 of 2019(2) dt.18-09-2019 2/2 any condition that may be imposed on him if bail is granted to him.
Heard learned APP also.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Banka, in connection with Rajaun P.S. Case No. 247 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T