Ramawtar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50431 of 2017 Arising Out of PS.Case No. -142 Year- 2017 Thana -RAJAULI District- NAWADA ====================================================== Ramawtar Sinha son of Late Hari Prasad, resident of Village- Targir, P.S.- Rajauli, District- Nawada (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Rajauli P.S. Case No. 142 of 2017 instituted for the offence under Section 7 of the E.C. Act.

It has been submitted on behalf of the petitioners that he is a P.D.S. dealer and he was not present at the time of inspection. There is general and omnibus allegation against the petitioner that on inspection 7.5 Quintals of rice was found missing.

The counsel for petitioner has submitted that none of the beneficiaries has complained of committing black-marketing by the petitioner.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.50431 of 2017 (3) dt.07-11-2017 2/2 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 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount in connection with Rajauli P.S. Case No. 142 of 2017 to the satisfaction of learned 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 bonds of the petitioner and (3) if the petitioner tamper 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.