Uma Shankar Prasad @ Uma Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49716 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -PANAPUR District- SARAN ====================================================== Uma Shankar Prasad @ Uma Prasad Sah Son of Shioji Sah Resident of Village - Ramdashpur, P.S. - Panapur, District -Saran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Abhay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 05-11-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.
The prosecution case is that one Andrika Bhagat was apprehended while carrying 35 litres of kerosene oil, who disclosed that he purchased it from the PDS shop of the petitioner.
It is submitted by learned counsel for the petitioner that admittedly no recovery has been made from the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover,
Patna High Court Cr.Misc. No.49716 of 2015 (2) dt.05-11-2015 2/2 there is nothing on the record to suggest that the kerosene oil was taken from the PDS shop of the petitioner. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Saran at Chpara in connection with Panapur P.S. Case No. 86 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T