Allowed
Guru Prasad Paswan @ Gurudeo Paswan v. The State Of Bihar
Patna HCCR. MISC./49279/2016
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COURT OF JUDICATURE AT PATNA Criminal…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49279 of 2016
Arising Out of PS.Case No. -130 Year- 2016 Thana -UDAKISHANGANJ District- MADHEPURA
====================================================== 1. Guru Prasad Paswan @ Gurudeo Paswan Son of Shatrughan Paswan Resident of Village- Bhawanandpur, P.S.- Udakishunganj, DistrictMadhepura.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Yogendra Kumar(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 19-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
This is an application for grant of anticipatory bail for the offences under Sections 7 of the Essential Commodities Act.
It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. The name of the petitioner has disclosed by the driver of the auto. The petitioner is a PDS dealer and has no criminal antecedent. It is further submitted that there is no allegation against the petitioner and the alleged recovery has not been made from the conscious possession of the petitioner.
Heard learned A.P.P. appearing for the State, who
Patna High Court Cr.Misc. No.49279 of 2016 (2) dt.19-12-2016
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could not controvert this fact.
Having heard both sides and in view of the fact no recovery was made from the conscious possession of the petitioner, let the above named petitioner, in the event of his arrest/surrender in the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura, in connection with Udakishunganj P.S.Case No. 130 of 2016, subject to the conditions as laid down u/s 438(2) Cr.P.C. and further with a condition that the petitioner will cooperate in the investigation as and when required by the police.
(Vinod Kumar Sinha, J)
singh/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to a PDS dealer not named in the FIR who had no recovery made from his conscious possession.
2 provisions across 2 enactments
Guru Prasad Paswan @ Gurudeo Paswan
VINOD KUMAR SINHA
As recorded by the court registry
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