Patna High CourtCR. MISC./42595/2018bail granted

Md. Hesamuddin @ Md. Hesamuddin Khan v. The State Of Bihar

2018-07-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42595 of 2018 Arising Out of PS.Case No. -192 Year- 2018 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. MD. HESAMUDDIN @ MD. HESAMUDDIN KHAN S/o late Jamir Ahmad Resident of Village-Ward No. 2, Daudnagar, P.S. Daudnagar, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 The petitioner is apprehending his arrest in connection with Daudnagar P.S. Case No. 192 of 2018, registered for offences punishable under Section 7 of the Essential Commodities Act. Allegation as per F.I.R. is of recovery of fifteen bags of rice and seven bags of wheat from a tempo and driver of the said tempo disclosed the name of petitioner, who is a PDS dealer. It has been submitted on behalf of the petitioner that no discrepancy was found in the stock of the petitioner and there is no consumer complaint also.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand)

Patna High Court Cr.Misc. No.42595 of 2018 (2) dt.23-07-2018 2/2 with two sureties of the like amount each to the satisfaction of learned SDJM, Aurangabad, in connection with Daudnagar P.S. Case No. 192 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T