Kamlesh Prabhakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41665 of 2018 Arising Out of PS. Case No.-169 Year-2018 Thana- KONCH District- Gaya ====================================================== Kamlesh Prabhakar, S/o Late Raghunandan Yadav, Resident of Village Deora, P.S. Konch District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Konch P.S. Case No. 169 of 2018 instituted for the offence under Sections 7 E.C. Act, 1955.
It is alleged in the written report that Block Supply Officer, Konch, Gaya filed a case making allegation against this petitioner who is a PDS Dealer that some paper and register were not found on inspection and several consumers also sent grievance to District Supply Officer, Gaya.
Learned counsel for the petitioner submits that no complaint was ever made by any consumer rather the Mukhiya of Garari Panchayat as well as card holders whose name were written in report of District Supply Officer have sworn affidavit that they all have received ration regularly. There is no discrepancies of ration. In support of aforesaid, typed copy of
Patna High Court Cr.Misc. No.41665 of 2018(2) dt.19-07-2018 2/2 affidavit has been annexed as Annexure-2 to this petition. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Konch P.S. Case No. 169 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate- III, Gaya, subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and
(3) if the 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) khushbu/- U T