Single judge allowed anticipatory bail to petitioner apprehending arrest in offence under Section 7 of Essential Commodities Act, 1955, relying on coordinate bench order and lack of criminal record.
Petitioner released on anticipatory bail by furnishing bail bond of Rs. 20,000 with two sureties within thirty days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10555 of 2019
Arising Out of PS. Case No.-251 Year-2018 Thana- WARISNAGAR District- Samastipur
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Shambhu Sah, aged about 50 years (Male), son of Late Bhutta Sah, resident of village - Gudri Chauk Rahua, P.S. - Warisnagar, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Parmeshwar Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act, 1955.
35 bags of Urea fertilizer was recovered from the house of the petitioner.
Submission is that petitioner had purchased the same from a licensee, who has already been allowed anticipatory bail, by a Coordinate Bench of this Court, vide order dated 25.01.2019 passed in Cr. Misc. No. 3517 of 2019 considering the fact that licensee had not violated any provisions of Fertilizer Control Order.
Considering the aforesaid facts and the fact that the petitioner has got no criminal antecedent, let the petitioner,
Patna High Court Cr.Misc. No.10555 of 2019(2) dt.21-02-2019 2/2
above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Warisnagar Police Station Case No. 251 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Kundan/Rajan
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case for offence under Section 7 of the Essential Commodities Act, 1955 with no criminal antecedents.
1 provisions across 1 enactments
Shambhu Sah
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
