Santosh Sah @ Santosh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79896 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- MANSI District- Khagaria ====================================================== SANTOSH SAH @ SANTOSH KUMAR SAH Son of Lakshmi Sah Resident of Village - Saidpur, P.S.- Mansi, Distt.- Khagaria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Mansi P.S.Case No.207 of 2019 , registered for offences punishable under Section 7 of the Essential Commodities Act. As per FIR, 18 bags of rice and 05 bags of wheat were recovered from a tempo and the tempo driver discloses name of the petitioner as the person who has given for sale in the black market.
Submission of the learned counsel for the petitioner is that he is not PDS Dealer rather his brother is PDS dealer, the case is not made out under Section 7 of the Essential Commodities Act against him and more over P.D.S Dealer is his brother, who has already been granted privilege of the
Patna High Court CR. MISC. No.79896 of 2019(2) dt.09-12-2019 2/2 anticipatory bail, by this court, vide order dated 27.11.2019 passed in Cr. Misc. No.71812 of 2019.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of three weeks from the date of receipt of the 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 CJM, Khagaria in connection with Mansi P.S.Case No.207 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T