Patna High CourtCR. MISC./57698/2018bail granted

Sohrab Alam @ Sohrab v. The State Of Bihar

2018-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57698 of 2018 ======================================================

1. Sohrab Alam @ Sohrab, S/o Masleuddin, resident of Village Sisauna Ward No. 14, P.S. Jokihat District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhijeet Gautam For the Opposite Party/s : Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 7 of Essential Commodities Act. The prosecution case, in brief, is that 54 bags each containing 55 kg. of Arwa rice and 290 bags of wheat loaded over in a Pick up van and truck were seized by the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is no evidence to ascertain that the rice or wheat in question belongs to the government. The stitching on the bags was hand stitched. The petitioner is owner of the Pick up Van in question. The said Pick up van is used as a public carrier by driver of the petitioner. The

Patna High Court Cr.Misc. No.57698 of 2018 (2) dt.10-10-2018 petitioner has been made accused in this case due to mistake of fact.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 193 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