Md. Tabrej @ Tabrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18596 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- DAGARUA District- Purnia ====================================================== Md. Tabrej @ Tabrej, Son of Yasmin, R/o Village- Dagarua Matmaily,P.S. Dagarua, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehend arrest in Dagarwa P.S. Case No. 03 of 2018, instituted for the offence under Sections 7 of E.C. Act.

Learned counsel for the petitioner has submitted that petitioner purchased rice from rice mill and hired a tractor from co-accused Md. Tayabull for carrying the same to Gulabbagh market and the tractor got loaded the rice from the rice mill. There is no control over purchase, sale, storage or even transportation of rice.

It has been further submitted that rice loaded on the tractor was purchased by the petitioner from the rice mill for which he has enclosed the valid receipt as Annexure-2 to this

Patna High Court Cr.Misc. No.18596 of 2018(3) dt.27-04-2018 2/2 petition.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dagarwa P.S. Case No. 03 of 2018, to the satisfaction of the learned CJM, Purnea, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) khushbu/- U T