Uma Shankar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23998 of 2016 Arising Out of PS.Case No. -183 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Uma Shankar Gupta S/o Nawal Prasad, resident of village- Nerthua, P.O.- Pinjora, P.S.- Kako, District- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. Mrs. Meena Singh For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 31-05-2016 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 7 of the Essential Commodities Act. Learned Senior counsel appearing on behalf of the petitioner submits that the petitioner is in judicial custody since 09.04.2016. According to him the only allegation against the petitioner is that he was using L.P.G. for running his auto rickshaw.

Taking into consideration the nature of allegation against the petitioner as also the period of incarceration already undergone by him, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of bail. Let the above named petitioner be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in

Patna High Court Cr.Misc. No.23998 of 2016 (2) dt.31-05-2016 connection with Jehanabad P.S. Case No. 183 of 2016 subject to the conditions that :

(A) one of the bailors must be a government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (C ) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates the petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Amin/- U