Mukesh Ram And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11435 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11435 of 2018 Arising Out of PS.Case No. -32 Year- 2016 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mukesh Ram S/o Late Brija Ram R/o Village-Pakadi Kala, P.S.- Gaunaha, District-West Champaran.

2. Bimla Devi @ Hindia devi W/o Baldeo Urao

3. Baldeo Urao S/o Late Bikau Urao Both are R/o Village-Sonbarsha, P.S.- Matiyariya, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.

The petitioners apprehend their arrest in Matiyaria P.S. Case No.32 of 2016 registered under Sections 353, 414, 379 of the Indian Penal Code and Section 7 of the E.C. Act. The gist of allegation is that the informant and other police officials caught Mukesh Ram and Baldeo Urao, petitioner Nos.1 and 3 while they were carrying wheat and rice on the bullock cart but the other accused persons came and got them freed from the custody of the police. Again the police went to the house and recovered bags of wheat and rice.

The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.11435 of 2018 (2) dt.27-02-2018 police after investigation finding the case false against the petitioners but the learned court below took cognizance differing with the finding of the investigating officer. There is nothing on record to show that the petitioners had kept the foodgrains of S.F.C. to sell in black market. There is no control order for the foodgrains and the petitioners had kept the same for their own house.

Considering the facts aforesaid, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran in connection with Matiyaria P.S. Case No.32 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T