Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38856 of 2017 Arising Out of PS.Case No. -155 Year- 2017 Thana -NABINAGAR District- AURANGABAD ====================================================== Dilip Kumar, S/o Late Suryadeo Paswan, resident of Village- Mahasu, P.S.- Nabinagar, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Nabinagar P.S. Case No. 155 of 2017 instituted for the offence under Section 7 of Essential Commodities Act.

It has been submitted that petitioner is a PDS dealer. The informant has leveled allegation against this petitioner about irregularities on the basis of statement of 22 beneficiaries which is mentioned in the written report.

From the written report itself it appears that during inspection, no any document or record was inspected by the informant.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.38856 of 2017 (2) dt.28-08-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Nabinagar P.S. Case No. 155 of 2017, 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 Additional Chief Judicial Magistrate-I, Aurangabad, 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