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Subhash Chandra Sharma v. the State of Bihar

Patna HC30 Jul 2012CR. MISC./19857/2012

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the Patna High Court granted anticipatory bail to a transporter accused under the Essential Commodities Act. The court noted the primary accusation lay with the drivers and ordered release subject to a bond and conditions under Cr.P.C. Section 438(2).

What did the court decide?

Petitioner released on anticipatory bail for a period of twelve weeks, subject to furnishing a bail bond of Rs. 10,000 with two sureties and complying with Section 438(2) Cr.P.C.

Subhash Chandra Sharma Vs the State of Bihar — Anticipatory Bail | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19857 of 2012 ====================================================== Subhash Chandra Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 30-07-2012 Heard learned counsels for the petitioner and the State. The petitioner being the transporter is apprehending his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.

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It is alleged that the grains of FCI were transported from the FCI godown of Siwan to different placed in the district of Siwan. The trucks were seized at Dighwara which were going to Hajipur and Patna for black marketing.

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It is submitted by learned counsel for the petitioner that the offence is committed by the drivers and as per the agreement the transporters deposited enough security amount and in case any breach of the

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Patna High Court Cr.Misc. No.19857 of 2012 (3) dt.30-07-2012 2/2

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terms of agreement, they were liable for payment at the penal rate. It is further submitted that the trucks have been released in pursuance to the order passed by this Court and subsequently, the seized grains were handed over to the FCI. The trucks have been released to the other accused. It is further submitted that others have been granted anticipatory bail.

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Considering the fact that thrust of accusation is against the drivers, 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 twelve 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Dighwara P.S. Case No. 172 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J.)

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DKS/

Subhash Chandra Sharma v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Subhash Chandra Sharma v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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