Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78475 of 2018 Arising Out of PS. Case No.-76 Year-2011 Thana- DAWATH District- Rohtas ====================================================== Kanhaiya Singh son of late Angrahit Singh, Resident of Village-Parsiyan Kala, P.S. Dawath, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 This application, for grant of anticipatory bail, arises out of Dawath P.S. Case No. 76 of 2011, disclosing offences under Sections 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Allegation is of recovery of 197 bags of D.A.P. from the godown of the petitioner kept for black marketing. Submission of learned counsel for the petitioner is that there is no proof that the recovered fertilizers were kept for black marketing to attract the provisions of Essential Commodities Act. Moreover, after distributing the recovered fertilizer, the amount of Rs. 1,24,110 / - has already been deposited in Government treasury and further the police after investigation has submitted final form in this case, however, the Magistrate differing with the view of police, took cognizance

Patna High Court Cr.Misc. No.78475 of 2018(2) dt.09-01-2019 2/2 against the petitioner.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dawath P.S. Case No. 76 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T