Motilal Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41637 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Motilal Sao Son of Arjun Sao, Resident of Village and Post- Baghi Bardiha, P.S.- Warisaliganj, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Sinha For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Warsaliganj P.S. Case No. 134 of 2017 instituted for the offence under Section-414 of the Indian Penal Code and 7 of Essential Commodities Act. It has been submitted that rice is free sale commodity. There is allegation against this petitioner that the informant, on confidential information, reached at the place of occurrence and found one truck in front of house of the petitioner, from which, rice was being unloaded.

As such, mere suspicion has been raised against the petitioner.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.41637 of 2017 (3) dt.06-10-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Warsaliganj P.S. Case No. 134 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Nawada subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T