IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26376 of 2011
Mithilesh Tiwary, son of late Mundrika Tiwary, resident of village -
Binduwa, P.S. - Imamganj, District - Gaya.
------- Petitioner.
Versus
The State of Bihar ------Opposite Party
********
03. 08.11.2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner, apprehends his arrest in connection
with Imamganj P.S. Case No. 49/2010, for offences under
Sections 7 of Essential Commodities Act under Section 414 of
the Indian Penal Code, is solitary named accused in this case
being PDS Dealer with allegation of having wheat, rice and
K.Oil without any authority.
Submission is that earlier vide Annexure – 2
Imamganj P.S. Case No. 20/2010 was instituted on
22.04.2010 against the petitioner, wherein some article was
seized and left with him for which vide Annexure – 4 he has
already requested the authorities to issue guidelines, but
instead of doing so another case has been instituted against the
petitioner.
Learned Additional Public Prosecutor who is armed
with carbon copy of the case diary of both the cases i.e.
Imamganj P.S. Case No. 49/2010 and Imamganj P.S. Case
No. 20/2010 could not refute such submissions.
Considering the facts and circumstances of the case,
in the event of his arrest or surrender within a period of four
weeks, let the above-named petitioner be enlarged on bail on
furnishing bail bond of sum of Rs. 10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of Sub-Divisional Judicial Magistrate, Sherghati
(Gaya), in connection with Imamganj P.S. Case No. 49/2010,
subject to condition under section 438(2) of the Code of
Criminal Procedure, and additional condition to attend the
court regularly till disposal of the case, in the event of failure
on two consecutive dates, without any reasonable explanation,
the privilege granted shall be deemed to be cancelled.
Rajeev/- ( Akhilesh Chandra, J.)