Dismissed

Binod Kumar @ Guddu Kumar v. The State Of Bihar

Patna HC18 Jun 2013CR. MISC./4724/2013

Case brief

AI extract

What is this about?

The High Court of Patna rejected the petitioner's prayer for anticipatory bail in a case under the Essential Commodities Act/LPG Order, observing that the petitioner is directed to surrender within a month to seek regular bail.

What did the court decide?

Prayer for anticipatory bail rejected; petitioner directed to surrender within one month for regular bail consideration.

Binod Kumar @ Guddu Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2013)

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Patna High Court Cr.Misc. No.4724 of 2013 (5) dt.18-06-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.4724 of 2013

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====================================================== 1. Binod Kumar @ Guddu Kumar S/O Late Sita Ram Prasad .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 18-06-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

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Petitioner apprehends his arrest in connection with Fatuha P.S. Case No. 202 of 2012 registered for the offence punishable under Section 7 of Essential Commodities Act.

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Allegedly, the shop of petitioner was raided by Sub Divisional Magistrate, Patna City and gas cylinders, refilling machine and other articles were recovered from the shop of the petitioner and, thereafter, the present case was instituted for violation of Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.

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The contention on behalf of the petitioner is that Section 7 of Essential Commodities Act is not applicable in this case and moreover, petitioner is not a dealer and, therefore, the aforesaid provision is not applicable against him. He further points

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Patna High Court Cr.Misc. No.4724 of 2013 (5) dt.18-06-2013

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out that on the alleged date of occurrence petitioner was not present in his shop and as a matter of fact one Ramesh executed a sale deed in favour of the petitioner on the alleged date of occurrence and he had gone to the Registry office in connection with execution of the above stated sale deed.

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Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Fatuha P.S. Case No. 202 of 2012 pending in the court of Additional Chief Judicial Magistrate, Patna City, Patna is, hereby, rejected.

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However, petitioner is directed to surrender before the court below within a month from the date of receipt of this order to the court concerned and if he does so and seeks regular bail, the learned court below shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this order.

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SHAHZAD/-

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(Hemant Kumar Srivastava, J)

Binod Kumar @ Guddu Kumar v. The State Of Bihar

Case brief

What is this about?

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Binod Kumar @ Guddu Kumar v. The State Of Bihar

Case brief

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What did the court decide?

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