The Patna High Court granted regular bail to the petitioner, a PDS dealer charged under Section 7 of the Essential Commodities Act, pending trial in Sabour P.S. Case No. 287 of 2019 after finding no material to suggest tampering with evidence or absconding.
Petitioner released on regular bail with bond of Rs. 10,000 and two sureties of Rs. 10,000 each.
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.115 of 2020
Arising Out of PS. Case No.-287 Year-2019 Thana- SABAUR District- Bhagalpur
======================================================
Sahdev Ravidas Son of Late Mahavir Ravidas Resident of Village - Mamalkha, P.S.- Sabour, District - Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha For the Opposite Party/s : Mr.Parmeshwar Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 16-01-2020
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Sabour P.S.Case No.287 of 2019 instituted for the offences punishable under Sections 7 of the Essential Commodities Act.
Different bags of rice were recovered from a school van. The petitioner was also on the same van. Since the petitioner is a PDS dealer, it was suspected that the rice was for selling in the black-market.
Submission is that the petitioner has got no criminal antecedent and the rice is not a controlled grain. Even after seizure of rice, verification of the stock of the PDS shop of the petitioner was not done before lodging of the FIR. Petitioner is in custody since 16.09.2019. Investigation of the case is already
Patna High Court CR. MISC. No.115 of 2020(2) dt.16-01-2020 2/2
complete.
Considering the entire facts aforesaid as well as the fact that there is no material to suggest that the petitioner is going to tamper with the evidence or abscond the process of law, let the above named petitioner be released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S.Case No.287 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner and also that the petitioner shall not leave the country without permission of the Court below.
(Birendra Kumar, J)
B.Kr./-
U T
1 issue framed by the court
Whether to grant regular bail to the petitioner in a case under Section 7 of the Essential Commodities Act.
1 provisions across 1 enactments
Sahdev Ravidas
The State Of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
