The Patna High Court granted anticipatory bail to the petitioner, owner of a tempo from which PDS rice was allegedly recovered, directing removal of amendments within a month.
Petitioner released on bail on furnishing bond of Rs. 10,000/- with two sureties of the like amount each within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5159 of 2021
Arising Out of PS. Case No.-39 Year-2020 Thana- MEDNI CHAUKI District- Lakhisarai
====================================================== VINITA DEVI Wife of Pradeep Ram Resident of Village - Nista, P.S.Suryagadha, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar For the State : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 10-12-2021
Learned counsel for the petitioner is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State through video conferencing.
The petitioner apprehends her arrest for the
offences alleged under Section 7 of the the Essential Commodities Act, 1955, registered in connection with Medni Choki P.S.Case No. 39 of 2020.
As per the allegation, 28 bags of rice were recovered from a tempo which was of the public distribution system.
Learned counsel for the petitioner has submitted that the petitioner is a lady and she is the owner of the tempo, wherefrom the alleged rice was recovered. She is not concerned with the seized articles. He has also submitted that the driver was assigned to drive that vehicle and it was not within the knowledge of the petitioner as to what articles were loaded on
Patna High Court CR. MISC. No.5159 of 2021(2) dt.10-12-2021 2/2
that tempo.
On the other hand, learned APP has opposed the prayer for anticipatory bail.
Considering the fact that the petitioner is the owner of the tempo and she is not concerned with the alleged recovered rice, let her above-named, in the event of her arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Medni Chowki P.S.Case No.39 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
HR/-
U
1 issue framed by the court
Whether the petitioner, as the owner of the tempo from which rice was recovered, is liable for the offences charged and entitled to anticipatory bail.
1 provisions across 1 enactments
VINITA DEVI
The State of Bihar
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
