Yogendra Prasad And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.62616 of 2017 (2) dt.21-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62616 of 2017 Arising Out of PS.Case No. -311 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Yogendra Prasad, son of Durga Sah.

2. Pintu Yadav, son of Sri Anirudh Yadav.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Ramnagar P.S. Case No. 311 of 2017 registered under Section 7 of the Essential Commodities Act.

The accusation is that on receiving information about black marketing of food grains of fair price shop loading on the tractor, the informant being the Block Supply Officer proceed with Surendra Prasad Yadav, representative of Prakhand Pramukh reached there and seized 45 bag of rice loaded on trailor attached with the tractor of petitioner no. 2, Pintu Yadav. The driver of the said tractor succeeded to flee away.

Learned counsel for the petitioners submits that due to

Patna High Court Cr.Misc. No.62616 of 2017 (2) dt.21-12-2017 dirty village politics the petitioner no. 1, who is the fair shop dealer, and petitioner no. 2 is the owner of the tractor, on which, 45 bags of rice is said to be recovered, have falsely been implicated in this case. In fact, the rice bags were not of F.C.I. rather rice bags were of petitioner no. 1, on which, Kalas monogram was printed on the bags.

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 six 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 S.D.J.M., Bagaha, in connection with Ramnagar P.S. Case No. 311 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T