Jageshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81578 of 2019 Arising Out of PS. Case No.-61 Year-1999 Thana- MADHWAPUR District- Madhubani ====================================================== JAGESHWAR MANDAL Son of Sri Bhulla Mandal R/o - Laxmipur, P.S. - Saharghat, Distt. - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Amresh Kumar Sinha Ms. Preety Kunwar For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned senior counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Madhwapur P.S. Case No. 61 of 1999 for the offence registered under Section 7 of the Essential Commodities Act, 1955. The allegation is regarding recovery of 99 bags of fertilizers from a tractor of which the petitioner is stated to be the driver.

The learned senior counsel for the petitioner has submitted that the tractor in question has already been released in a proceeding under Section 6A of the Essential Commodities Act, 1955. It is further submitted that though the case in hand is a very old case, however, the fact is that the petitioner had preferred a quashing application before this court and a stay

Patna High Court CR. MISC. No.81578 of 2019(2) dt.11-12-2019 2/2 was granted, however, the same got dismissed for default in the year 2012, but the petitioner came to know about the same belatedly. It is also submitted that though the petitioner is an accused in one more case but he is on bail in the said case. Lastly, it is submitted that the petitioner is languishing in custody since 13.10.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Benipatti in connection with Madhwapur P.S. Case No. 61 of 1999.

(Mohit Kumar Shah, J) S.Sb/- U T