Allowed

Surendra Rai v. The State of Bihar

Patna HC3 Dec 2019CR. MISC./76150/2019

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in an Essential Commodities Act case involving seizure of wheat. Bail was allowed subject to conditions within four weeks and a bond of Rs. 10,000 with two sureties.

What did the court decide?

Anticipatory bail granted to be enlarged within four weeks of receipt of order, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount.

Surendra Rai Vs The State of Bihar — Contract and Commercial Disputes | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76150 of 2019

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Arising Out of PS. Case No.-497 Year-2019 Thana- KUDHNI District- Muzaffarpur

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======================================================

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SURENDRA RAI Son of Munshi Rai Resident of Village- Kshetrapatti, Harnahi, P.S.- Baruraj, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Saket Tiwary For the Opposite Party/s : Mr.Parmeshwar Mehta ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 03-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

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This is an application for grant of anticipatory bail in connection with Kudhni (Fakuli O.P.) P.S. Case No. 497 of 2019 registered for the offence punishable under Section 7 of the Essential Commodities Act.

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The allegation is regrading seizure of 149.45 quintals of wheat being carried in 305 bags on a truck by the co-accused person, namely, Shambhu Sah, allegedly for selling the same in black market, after he was caught by the villagers and handed over to the police and upon interrogation, he is said to have disclosed that he is the khalasi of the said truck and the petitioner, who managed to flee away, is the driver.

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The learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.76150 of 2019(3) dt.03-12-2019 2/2

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wheat is a decontrolled item, as is also apparent from the notification annexed to the present petition, hence, the allegation levelled against the petitioner is false. It is further submitted that in any case, the petitioner is having a clean antecedent and at best, he has been stated to be the driver of the truck in question, thus this Court may consider grant of privilege of anticipatory bail to the petitioner herein.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM (West), Muzaffarpur in connection with Kudhni (Fakuli O.P.) P.S. Case No. 497 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Mohit Kumar Shah, J)

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ajay gupta/-

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U T

Surendra Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Surendra Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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