Patna High CourtCR. MISC./23033/2018bail granted

Ramautar Prasad v. The State Of Bihar

2018-04-27Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.23033 of 2018 (2) dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23033 of 2018 Arising Out of PS.Case No. -316 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Ramautar Prasad Son of Late Kundan Prasad resident of village Usari, P.S. Baikunthpur, District Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offence under Section 7 of Essential Commodity Act. A vehicle bearing registration no. BR-29 GA-3395 was intercepted and rice of Hiran Brand has been seized. Learned counsel for the petitioner submits that this cannot be a rice for PDS though petitioner is PDS dealer but the same is not a rice of FCI.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Ramautar Prasad, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with

Patna High Court Cr.Misc. No.23033 of 2018 (2) dt.27-04-2018 two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No.316 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for investigation or interrogation he will present himself before the police. In the event of being absent on two consecutive dates this order will be treated to have been withdrawn.

(Shivaji Pandey, J) Vinay/- U T