Patna High CourtCR. MISC./47678/2016allowed

Sameer Ram v. The State Of Bihar

2017-02-15Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.47678 of 2016 (4) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47678 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -BIRUPUR SAHAYAK District- LAKHISARAI ======================================================

1. Sameer Ram son of Kedar Ram Resident of Village- Bhanpur P.S. Birupur, District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Birupur Police Station Case No. 19 of 2016, disclosing offences under Sections 7 of the Essential Commodities Act. According to the prosecution, huge quantity of stolen peas and matar dal has been recovered from the house of the petitioner.

Learned Counsel for the petitioner has submitted the petitioner is innocent and has not committed any offence. He has falsely been implicated in this case due to village politics. Neither the petitioner is a PDS Dealer nor involved in any trade of food grain. No recovery has been made against the possession

Patna High Court Cr.Misc. No.47678 of 2016 (4) dt.15-02-2017 of the petitioner. Petitioner does not live in house, from where the alleged recovery has been made. Hence, the petitioner also deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on 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, Lakhisarai, in connection with Birupur Police Station Case No. 19 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T