Shiv Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78107 of 2018 Arising Out of PS. Case No.-274 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Shiv Prasad Sah S/o Late Atwaru Sah, r/o Vill.- Karansi, P.S.- Buxar Muffasil, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Opposite Party/s :

Mr.Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 This application, for grant of anticipatory bail, arises out of Buxar Muffasil P.S. Case No. 274 of 2018, disclosing offences under Section 7 of the Essential Commodities Act. Allegation is that 61 bags of rice was recovered from the Mahendra Tractor and the driver disclosed that the same belongs to the petitioner, who is a PDS dealer and the said rice was to be used in black marketing.

Submission of learned counsel for the petitioner that he has falsely been implicated in this case only on the basis of confession of co-accused. Further submission is that physical verification of his shop was done but nothing adverse was found.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts,

Patna High Court Cr.Misc. No.78107 of 2018(2) dt.04-01-2019 2/2 this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Buxar, in connection with Buxar Muffasil P.S. Case No. 274 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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