Raiful Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37883 of 2017 Arising Out of PS.Case No. -25 Year- 2016 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Raiful Azam, S/o Late Sheikh Mukhtar, R/o Village - Purainia, P.S. - Mainatand, District - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mainatand P.S. Case No. 25 of 2016 instituted for the offence under Section 7 of Essential Commodities Act.

As per written report, several irregularities were committed by the petitioner who was P.D.S. dealer. From the written report it appears that enquiry was set up on the basis of application filed by Sadre Alam and other co-villagers before the Sub Divisional Officer and on that basis, the enquiry was conducted by Block Development Officer. On the basis of enquiry report, First Information Report was instituted pointing out several irregularities as mentioned in the enquiry report of the Block Development Officer.

Learned counsel for the petitioner has submitted that for such irregularities, license of the petitioner has already been cancelled,

Patna High Court Cr.Misc. No.37883 of 2017 (3) dt.23-08-2017 2/2 for which, the petitioner has filed Appeal which is pending. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mainatand P.S. Case No. 25 of 2016, he shall 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 Sub Divisional Judicial Magistrate, Bettiah West Champaran, subject to the conditions as laid down under Section 438

(2) 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) S.Ali/- U T