Sultan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49571 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Sultan Yadav, Licence No. 43K/07 Panchayat Jagir Parisi S/o Late Premlal Yadav, R/o Vill.- Birvan, P.S.- Kursakanta (Sonamani Godam), District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section-7 of Essential Commodities Act. The allegation against the petitioner, who is a PDS dealer, is that he delivered the foodgrains to the beneficiaries on higher price than the price fixed by the government. It is also alleged that the petitioner was transporting the foodgrains for the purpose to sell in the black market for illegal gain.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioners have been falsely implicated in the present case. The

Patna High Court Cr.Misc. No.49571 of 2018 (2) dt.09-10-2018 petitioner is a PDS dealer. It is further submitted that the petitioner is ready to deposit an amount of Rs. 25,000/- (twenty five thousand) in the court below subject to final outcome of the case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, on deposit of Rs. 25,000/- in the court below subject to final outcome of the case, let the petitioner named above in the event of arrest/surrender within six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria in connection with Kursakanta (Sonamani Godam) P.S. Case No. 185 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T