Godhan Chaubey @ Prakash Chaturbedi @ Shri Prakash Choubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79024 of 2018 Arising Out of PS. Case No.-76 Year-2011 Thana- DAWATH District- Rohtas ====================================================== Godhan Chaubey @ Prakash Chaturbedi @ Shri Prakash Choubey, S/o Late Munidar Chaubey @ Munmun Chaubey, Resident of village-Babhanaul, P.SDawath, Distt.-Rohtas. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Mr.Sri Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Dawath P.S. Case No. 76 of 2011, registered for the offence punishable under Section 420 of the Indian Penal Code and under Section 7 of the Essential Commodities Act.
Allegation has been made that 197 bags of D.A.P. of I.F.F.C.O. company were lying in Maliyabagh and the Police has seized the said bags.
It has been submitted that the condition of the road was very bad and on that account the bags of fertilizer kept in Maliyabagh and later on, it was distributed among the farmers
Patna High Court Cr.Misc. No.79024 of 2018(2) dt.09-01-2019 2/2 and the Police after investigation has submitted the Final Form, mentioning that it is a mistake of fact.
Looking to the entire facts and circumstances of the case, let the petitioner, namely, Godhan Chaubey @ Prakash Chaturbedi @ Shri Prakash Choubey, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Dawath P.S. Case no. 76 of 2011, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Shivaji Pandey, J) pawan/- U T