Ramaiya Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74481 of 2022 Arising Out of PS. Case No.-205 Year-2022 Thana- SANGRAMPUR District- Munger ====================================================== Ramaiya Ram Son Of Late Mohan Ram R/O Sardarpally, Maingate P.S.- Durgaour, (M. Corp), District- Bardhaman (West), West Bengal, (Bengal) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yashraj Bardhan For the Opposite Party/s :
Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the petitioner is the owner of the seized truck. There is no compliance of Section 100 of the Cr.P.C. He submits that the driver of the truck has shows the papers but police has arrested the driver and seized truck. Petitioner has no concerned with the seized rice. Petitioner has not done any breach of act under Section 7 of the E.C. Act. He further submits that petitioner has no criminal antecedent as
Patna High Court CR. MISC. No.74481 of 2022(2) dt.03-02-2023 2/2 stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail and submits that 476 bags of rice were loaded on the alleged truck which belongs to PDS scheme.
Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sangrampur P.S. Case No. 205 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T