Ram Sanehi Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.53676 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53676 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Ram Sanehi Kumar

2. Ram Kumar Sah, Both sons of Nanhak Sah, resident of Village- Sheohar, Ward No. 5, P.S. & District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate. For the Opposite Party/s : Mr. Sri Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Piprahi P.S. Case No. 13 of 2016 registered under Section 7 of the Essential Commodities Act.

The accusation is that, in course of checking, two Pickup Vans bearing registration nos. BR-55-6053 and BR-559123 were stopped and on search, 45 and 22 bags respectively of rice of Bihar State Food Corporation were recovered. The drivers Harendra Paswan and Harishankar Paswan were apprehended by the police but they did not give satisfactory reply for carrying the aforesaid bags of rice.

Patna High Court Cr.Misc. No.53676 of 2016 (2) dt.20-12-2016 Learned counsel for the petitioners submits that petitioners are the owner of both Pickup Vans bearing registration nos. BR-55-6053 and BR-55-9123, which were driven by the drivers Harendra Paswan and Harishankar Paswan as a public vehicle for their livelihood and the petitioners had no knowledge about loading of the rice bags of Bihar State Food Corporation. Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Sheohar, in connection with Piprahi P.S. Case No. 13 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T