Omkar Jee @ Onkar @ Onkar Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10912 of 2018 ======================================================

1. Omkar Jee @ Onkar @ Onkar Jee, S/o Nirmal Prasad, Resident of Village- Quazi Tola, K.G. Lal Manjan, P.S.- Ara, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Ara Mufassil P.S.Case no.256 of 2017 registered for offences punishable under Section 7 of Essential Commodities Act. Allegation against the petitioner as per FIR is that the B.D.O intercepted the vehicle loaded with wheat and rice, which are of subsidiary and carried through the vehicle from the house of Chairman of PACS to the shop of the petitioner. Submission of the learned counsel for the petitioner is that nothing has been recovered from the shop of the petitioner and his name has been disclosed on the basis of confession of the coaccused and except that there is nothing against him. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.10912 of 2018 (2) dt.27-02-2018 2/2 circumstances, as stated above , let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Ara in connection with Ara Mufassil P.S.Case No.256 of 2017 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U