Sant Lal Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.12060 of 2018 (2) dt.08-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12060 of 2018 Arising Out of PS.Case No. -263 Year- 2017 Thana -PALASI District- ARRARIA ====================================================== Sant Lal Sah S/o Mahgu Sah, R/o Village- Charemana Tola Balua, Ward No. 06, P.S.- Palasi, District- Araria, Bihar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar Sharma, Mr. Kumar Ravish, Advocate.
For the Opposite Party : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 08.12.2017 in connection with Palasi P.S. Case No. 263 of 2017 for the offences alleged under Sections 7 of the Essential Commodities Act.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 65 bags of wheat and 100 bags of rice each weighed 50 Kgs. and having marked of Government of Haryana and Bihar State Food Corporation respectively. It is submitted that the petitioner has been implicated on the statement of his relative Sri Jyoti Lal Sah on whose house the foodgrains were being kept as the petitioner was neither the P.D.S. dealer nor in any way connected with the seized articles. The petitioner has two antecedents of two different nature.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the
Patna High Court Cr.Misc. No.12060 of 2018 (2) dt.08-03-2018 satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Palasi P.S. Case No. 263 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) Md. Ibrarul/BT U T