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Patna High CourtCR. MISC./29543/2018bail granted

Amrit Kumar @ Amrit Pal v. The State Of Bihar

2018-06-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29543 of 2018 Arising Out of PS.Case No. -108 Year- 2018 Thana -PARWATTA District- KHAGARIA ====================================================== Amrit Kumar @ Amrit Pal, S/o Shri Krishna Prasad, R/o Village- Akhgoan, P.S. Sandesh, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Advocate. Mr. Dhananjaya Nath Tiwari, Advocate.

For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Parbatta P.S. Case No. 108 of 2018 instituted for the offence under Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner has submitted that petitioner was Assistant Godown Manager as mentioned in the written report. The petitioner has no concern with rice which was found loaded on the truck in the premises of M/s. Sagar Food Products, Karna. It has further been submitted that owner of Sagar Karna Mill Rice has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 11.05.2018 passed in Cr. Misc. 27665 of 2018.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.29543 of 2018 (3) dt.28-06-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Parbatta P.S. Case No. 108 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438 (2) 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 date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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) S.Ali/- Rohit Kr.

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