Sandip Kumar Jaiswal @ Sandip Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40927 of 2017 Arising Out of PS.Case No. -388 Year- 2017 Thana -PURNEA SADAR District- PURNIA ====================================================== Sandip Kumar Jaiswal @ Sandip Jaiswal, Son of Sri Paras Jaiswal, R/o Gunda Chowk, Bageshwari Asthan, Gulab Bag, P.S.- Sadar, DistrictPurnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Purnea Sadar P.S. Case No. 388 of 2017 instituted for the offence under Sections 420 of the Indian Penal Code and Section 7 of Essential Commodities Act.

It has been submitted on behalf of the petitioner that he is bona fide rice dealer. He has kept the rice inside his godown after purchasing the same from Manorma Rice Mill. He has been made accused merely on suspicion that the rice found in his godown and in truck, were meant for black marketing. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.40927 of 2017 (2) dt.06-09-2017 2/2 weeks from today, in connection with Purnea Sadar P.S. Case No. 388 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 Chief Judicial Magistrate, Purnea, 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