This order grants pre-arrest bail to the petitioner in a case under the Essential Commodities Act, directing release upon furnishing a bail bond and sureties to the satisfaction of the Magistrate within six weeks.
Petitioner to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount each within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2190 of 2016
Arising Out of PS.Case No. -64 Year- 2015 Thana -VALMIKINAGAR District- WEST CHAMPARAN (BETTIAH) ====================================================== Mahendra Kumar Kedia, Son of Late Govind Prasad Kedia, Resident of Village - Balmiki Nagar, P.S. - Balmiki Nagar, District - West Champaran. .... .... Petitioner Versus 1. The State of Bihar. 2. Santu Kumar Singh, Son of Sri Rameshwar Singh, Resident of Veer Kunwar Singh Colony, Janta Road, P.S. - Gardanibagh, District - Patna currently posted as Block Supply Officer, Bagaha - 2, West Champaran. .... .... Opposite Parties
====================================================== Appearance :
For the Petitioner/s : Mr. Ashish Giri, Advocate
For the Opposite Party/s : Mr. Kanhaiya Kishore , APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 18-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Balmiki Nagar P.S. Case No. 64 of 2015 registered under Section 7 of the Essential Commodities Act.
It is contended that the petitioner has got nothing to do with the seized kerosene oil. He was neither caught at the spot nor the motorcycle on which the alleged kerosene oil was
Patna High Court Cr.Misc. No.2190 of 2016 (2) dt.18-01-2016
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being carried belongs to him. It has further contended that the petitioner has got no criminal antecedent.
Regard being had to the nature of the offence and the allegations made in the FIR, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bagaha, West Champaran in connection with Balmiki Nagar P.S. Case No. 64 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case registered under Section 7 of the Essential Commodities Act.
2 provisions across 2 enactments
Mahendra Kumar Kedia
The State of Bihar
Santu Kumar Singh
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
