The Patna High Court granted anticipatory bail to the petitioner in a maintenance offence case, requiring surrender within six weeks, furnishing bond with sureties, and ensuring presence during investigation.
Release on anticipatory bail conditioned on surrender within six weeks, furnishing bond with sureties, and cooperation with investigation.
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.22832 of 2018
Arising Out of PS. Case No.-28 Year-2018 Thana- KUMARGHAND District- Madhepura
======================================================
Sudhir Kumar, Son of Hira Sah, Resident of Village-Bhairopur, P.S.Kumarkhand, District - Madhepura.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 26-04-2018
Heard learned counsel for the petitioner and learned
counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Kumarkhand P.S. Case No. 28 of 2018, registered for the offence punishable under Section 7 of the E.C. Act.
Allegation has been made that a tractor loaded with bags of maize, paddy and rice was found standing in front of grocery shop of the petitioner.
Learned counsel for the petitioner submits that the rice was in hand stitched bags, which was general rice.
Looking to the entire facts and circumstances of the case, let the petitioner, namely, Sudhir Kumar, be released on anticipatory bail in the event of his arrest or surrender before the
Patna High Court Cr.Misc. No.22832 of 2018(2) dt.26-04-2018 2/2
learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Kumarkhand P.S. Case no.28 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J)
pawan/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the proceedings under Section 7 of the Essential Commodities Act.
1 provisions across 1 enactments
Sudhir Kumar
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
