The High Court of Patna granted anticipatory bail to the petitioner for offences under the Essential Commodities Act and Disaster Management Act. The order is conditional upon depositing court fee, removing defects, and surrendering within four weeks.
Released on anticipatory bail subject to depositing court fee and removing defects within four weeks.
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.4682 of 2021
Arising Out of PS. Case No.-79 Year-2020 Thana- KARAKAT District- Rohtas
======================================================
Pawan Kumar son of Late Yogeshwar Prasad R/o Village- Chandi, P.S.Karakat, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Tiwary For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 26-11-2021
Heard learned counsel for the petitioner and
learned APP for the State.
Learned counsel for the petitioner is expected
to honour his undertaking given in the instant case for
depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act and Section 53 of
the Disaster Management Act.
It is alleged that a tractor loaded with 37.80
Patna High Court CR. MISC. No.4682 of 2021(2) dt.26-11-2021 2/3
quintals of rice belonging to the State Food Corporation was intercepted and seized. The apprehended driver disclosed that the aforesaid rice belongs to Raushan Kumar, PDS dealer and the same was purchased by the petitioner for selling it in the black-market.
It is submitted by learned counsel for the petitioner that petitioner has no concern with the alleged rice or the dealer of the fair price shop. The petitioner has not been arrested from the spot and due to village politics, he has been roped in the present case.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)
with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 79 of 2020, subject to the conditions as laid down
Patna High Court CR. MISC. No.4682 of 2021(2) dt.26-11-2021 3/3
under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail subject to deposit of court fee and removal of defects.
1 provisions across 1 enactments
Pawan Kumar
The State of Bihar
SUNIL KUMAR PANWAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
