Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46354 of 2014 Arising Out of PS.Case No. -246 Year- 2014 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Sunil Sah S/o Ramchandra Sah Resident of - Chakbharatpatti, P.S. - Paroo, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Shyam Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-05-2015 Heard the Counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Paroo P.S. Case No. 246 of 2014 instituted under Section 420 IPC and Section 7 of the E.C. Act. The allegation is that the petitioner was found carrying 35 bags of rice laden on a trailor of the tractor which were found packed in the bags having monogram of F.C.I.

Contention of the petitioner is that he is not a P.D.S. Dealer. Only on mere suspicion, the allegation was levelled that the same was being carried for black marketing. This Court in similar identical facts/situation had granted the privilege of anticipatory bail. Diverse orders passed in this regard by different benches have been placed on record.

Patna High Court Cr.Misc. No.46354 of 2014 (3) dt.21-05-2015 2/3 Learned APP opposed the prayer alleging that the rice was meant for distribution amongst the eligible category of citizens.

Considering the fact that petitioner, as asserted, has a clean antecedent and that several accuseds having identical allegation have been released on anticipatory bail as also the fact that the petitioner is ready to deposit some amount as security money in cash, I am inclined to privilege him with anticipatory bail.

In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur in Paroo P.S. Case No. 246 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(I) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any

Patna High Court Cr.Misc. No.46354 of 2014 (3) dt.21-05-2015 3/3 cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner secure his arrest in accordance with law.

(iii) Along with the bail bonds, the petitioner shall produce receipt showing deposit of a sum of Rs. 8,000/- (eight thousand) in the Nazarat of the Court. Such deposit will be without prejudice to his right of defence. It will be open to the State respondent to utilize the same but the said deposit will abide by the final outcome of the case.

(Kishore Kumar Mandal, J) Pankaj/- U