Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54613 of 2017 Arising Out of PS.Case No. -131 Year- 2017 Thana -GUTHNI District- SIWAN ====================================================== Sunil Singh, S/o Late Dharmanath Singh, Resident of Village- Tali Bujurg, P.S.- Guthani, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Guthani P.S. Case No. 131 of 2017 instituted for the offence under Section 7 of the Essential Commodities Act.

It has been submitted that name of this petitioner has been taken by driver of the vehicle namely, Dilip Yadav who has been apprehended by the police. He disclosed that owner of the vehicle is Rajesh Jaiswal. The rice was loaded from the house of this petitioner and the same was purchased by one Dharmendra of Sohanpur. It has further been submitted that Dharmendra @ Dharmendra Jaiswal has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.10.2017 passed in Cr. Misc. 49784 of 2017.

Patna High Court Cr.Misc. No.54613 of 2017 (2) dt.15-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Guthani P.S. Case No. 131 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 438 (2) 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 bond of the petitioner and (3) if petitioner tampers 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. (Sanjay Priya, J) S.