High Court Patna High Court - Orders

Bharat Prasad vs The State Of Bihar on 14 October, 2011

Patna High Court – Orders
Bharat Prasad vs The State Of Bihar on 14 October, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.31344 of 2011
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                 Bharat Prasad, son of Mahesh Prasad, resident of Vill. Mirganj Masjid, P.S.
                 Mirganj, Distt. Gopalganj.
                                                                        .... ....   Petitioner/s
                                                    Versus
                 The State Of Bihar
                                                         .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate
                 For the Opposite Party/s     :   Mr. Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                 ORAL ORDER

(Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA)

2 14-10-2011 Heard.

The petitioner apprehends his arrest in a criminal

prosecution registered under Section 7 of the E.C. Act.

It is submitted that the name of the petitioner has been

included in the first information report vide Annexure-I on the

basis of confession made by co-accused Jitendra Prasad, who is

admittedly a Dealer under the Public Distribution System. It is

further submitted that the petitioner is not a Dealer under the

Public Distribution System, and as such, case under Section 7 of

the E.C. Act may not be applicable against him.

Be that as it may, in view of nature of allegations, this

Court is inclined to accede to the prayer made of behalf of the
Patna High Court Cr.Misc. No.31344 of 2011 (2) dt.14-10-2011

2

petitioner for grant of anticipatory bail. In the event of his arrest or

surrender before the learned court below within a period of four

weeks from today, the above named petitioner is directed to be

released on bail in connection with Mirganj P.S. Case No.31 of

2008 on furnishing bail bond of Rs.10,000/-(ten thousand) with

two sureties of like amount each to the satisfaction of learned

Chief Judicial Magistrate, Gopalganj subject to the conditions laid

down under Section 438 (2) of the Cr.P.C.

(Birendra Prasad Verma, J)

Anjani /-