Haricharan Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20408 of 2018 Arising Out of PS. Case No.-146 Year-2017 Thana- CHANAN District- Lakhisarai ====================================================== Haricharan Manjhi, S/o- Mohan Manjhi, R/o- village- Tilakpur, P.S.- Chanan, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s :
Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-04-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.
The prosecution case, as per the written report of Block Supply Officer, Chanan dated 14.12.2017 is to the effect that on the direction of Sub-Divisional Officer, the house of the brother of the petitoner, Rambalak Manjhi was raided and from there 60 bags of wheat each containing 50 Kg were recovered, which was suspected to be of PDS dealer, Ramawatar Singh. It is alleged that at the instance of the petitioner, the grains were stored in the house of his brother.
It is submitted by learned counsel for the petitioner that only on suspicion, the accusation has been levelled. Even
Patna High Court Cr.Misc. No.20408 of 2018(2) dt.17-04-2018 2/2 assuming the accusation, no offence under Section 7 of the Essential Commodities Act is made out against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Considering the nature of accusation and the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Chanan PS Case No. 146 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T