Anil Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53136 of 2018 Arising Out of PS.Case No. -170 Year- 2018 Thana -GAYA MUFASIL District- GAYA ======================================================

1. Anil Kumar son of Late Raj Kumar Prasad, resident of Village- Bhadeji, P.S. Mufassil, District- Gaya.

2. Sudama Prasad Gupta @ Sudama Prasad, son of Late Shambhu Sao, resident of Village- Sikahar, P.S.- Mufassil, District- Gaya. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section-406 of the Indian Penal Code and 7 of Essential Commodities Act.

The allegation against the petitioners is of irregularity in distribution of food grains and K. Oil among the consumers. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is no other substantial evidence to suggest the implication of the petitioners in the present case. The petitioners have been made

Patna High Court Cr.Misc. No.53136 of 2018 (2) dt.20-09-2018 accused only on the basis of suspicion. It is further suibmittd that the petitioners are ready to deposit an amount of Rs. 25,000/- (twenty five thousand) jointly in the court below subject to final outcome of the case.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, if the petitioners surrender and deposit the said amount of Rs. 25,000/- (twenty five thousand) jointly in the court below subject to final outcome of the case within six weeks from the date of receipt of the order, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Gaya in connection with Muffasil P.S. Case No. 170 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T