High Court Patna High Court - Orders

Ashok Prasad vs The State Of Bihar on 4 April, 2011

Patna High Court – Orders
Ashok Prasad vs The State Of Bihar on 4 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.9658 of 2011
                       ASHOK PRASAD SON OF DEONARAIN PRASAD.
                                           Versus
                                THE STATE OF BIHAR
                                         -----------

02 04.04.2011 Heard learned counsels for the petitioner and

the State.

The petitioner being the P.D.S dealer is

apprehending his arrest in a case registered under

Section 7 of the Essential Commodities Act.

It is alleged that 299 bags of wheat were

found loaded on the truck and 21 bags of wheat and 38

bags of rice were found loaded on another truck.

It is submitted that the F.I.R reflects that only

marginal discrepancy in the stock was found during

verification. Though, the display board reflected the

stock to be nil. It is further submitted that the alleged

grains were claimed by the brother of the petitioner,

who is a grain dealer, who has already been granted

anticipatory bail by this Court. It is further submitted

that there is no specific accusation that the grains were

being sold in the black market and casual accusation of

selling of the grains in the black market is only

speculative accusation.

2

Considering the aforesaid facts, let the above

named petitioner, be released on anticipatory bail, in

the event of his arrest or surrender before the learned

Court below within a period of 12 weeks from today,

on furnishing bail bond of Rs. 10,000/- (ten thousand)

with two sureties of the like amount each to the

satisfaction of the learned Chief Judicial Magistrate,

Siwan in connection with Guthani P.S. Case No.

101/2010, subject to the conditions as laid down under

Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J.)
Amrendra/-