Awadhesh Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42648 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ======================================================
1. Awadhesh Bhagat, Son of Vishnudeo Bhagat, resident of VillageKumedan Tola, P.S.- Bakhtiarpur, District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Avinash, Adv. For the Opposite Party/s : Mr. Sri Ajay Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of Essential Commodities Act.
25 to 30 bags of rice were being carried on a tractor.
Submission of the learned counsel for the petitioner is that the petitioner is a farmer, he is not a P.D.S. dealer and is involved in business of sale and purchase of rice which is not a controlled item in the local market.
Let the petitioner, above named, in the event of his arrest or surrender before the court below
Patna High Court Cr.Misc. No.42648 of 2017 (2) dt.21-09-2017 within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Saharsa/successor Court in connection with Bakhtiarpur P.S.Case No.84 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Nitesh/- U T