Patna High CourtCR. MISC./10215/2018bail granted

Jagdish Prasad And ANR v. The State Of Bihar

2018-02-23Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10215 of 2018 Arising Out of PS. Case No.-227 Year-2017 Thana- GUTHNI District- Siwan ======================================================

1. Jagdish Prasad S/o late Harihar Prasad @ Harihar R/o village Sohagra Bazar, P.O. Sohagra, P.S. Guthani, Dist. Siwan.

2. Rana Pratap @ Rana Pratap Singh S/o Sudama Singh, R/o village- Tanrwa Khurd, P.O. Bakulani,P.S.Guthani Dist. Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Shahi For the Opposite Party/s :

Mr. SMT INDU KUMARI SRIVASTAVA ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioners apprehend their arrest in Guthani P.S. case no. 227/17 instituted for the offence under Section(s) 7 of the Essential Commodities Act, 1955 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner no.1 is proprietor of M/S Jai Maa Trading company and petitioner no.2 is the owner of the truck. In the written report, it is alleged that one truck was

Patna High Court Cr.Misc. No.10215 of 2018(2) dt.23-02-2018 2/3 seized by the police on which wheat was found loaded in jute bags. Nobody came to claim the wheat.

Learned counsel submitted that wheat is free sale commodity. The informant has instituted the case merely on suspicion as none appeared to claim the wheat. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Guthani P.S. case no. 227 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Siwan,, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court Cr.Misc. No.10215 of 2018(2) dt.23-02-2018 3/3 petitioners.

(Sanjay Priya, J) shyambihari/- U T