Akhileshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77538 of 2018 Arising Out of PS. Case No.-245 Year-2018 Thana- RANIYATALAB District- Patna ====================================================== Akhileshwar Prasad S/o Late Hari Nandan Prasad, R/o Vill.- Hari Rampur, P.S.- Rani Talab, Distt.- Patna.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate.
Mr. Dineshwar Mishra, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Rani Talab P. S. Case No. 245 of 2018 registered under Section 7 of the Essential Commodities Act.
Learned senior counsel for the petitioner submitted that first information report has been instituted against the petitioner with ulterior motive in order to get his licence cancelled. The petitioner is a PDS dealer since 1985 and no case has been instituted against him in the last more than 30 years except the instant case. He did not violate any control order under Section 3 of the Essential Commodities Act. He contended that having got roots in the society, the petitioner is
Patna High Court Cr.Misc. No.77538 of 2018(2) dt.24-01-2019 2/2 not likely to abscond or tamper with the evidence. Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.
Considering the allegations made in the FIR and the submissions made above, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Danapur in Rani Talab P. S. Case No. 245 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) kanchan/- U T