Patna High Court - Orders
Chunchun Jha vs The State Of Bihar on 23 June, 2016
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12098 of 2016
Arising Out of PS.Case No. -1 Year- 2016 Thana -KUNDWACHAINPUR District-
EASTCHAMPARAN(MOTIHARI)
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1. Chunchun Jha son of Late Hari Kant Jha, resident of Village- Telhara
Kalan, Police Station- Kundwa Chainpur, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Anil Kumar
For the Opposite Party/s : Mr. Atul Chandra(App)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
4 23-06-2016Heard both sides.
The petitioner apprehends arrest in a case registered for the offences punishable under section 409 of the Indian Penal Code and Section 7 of the Essential Commodities Act.
It is alleged that the informant raided the Public Distribution System shop of the petitioner on 19.12.2015 and found wheat 20 Kgs. and rice 30 Kgs. written on the display board. The petitioner distributed the food grains to the ration card holders and thereafter went to Dhaka for depositing money for the food grains.
It is submitted that the informant has stated that Patna High Court Cr.Misc. No.12098 of 2016 (4) dt.23-06-2016 2 20 Kgs., of wheat and 30 Kgs., of rice was found written on the display board. It is submitted that on perusal of the photo copy of the display board, which is part of the first information report, it appears that 20 quintals of wheat and 30 quintals of rice were written on the display board and it was also written that the shop keeper had gone to Dhaka for depositing money for the food grains. It appears that only on the basis of the aforesaid complaint, the F.I.R. has been lodged.
Considering the facts aforesaid, the above named petitioner, in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran in connection with Kundwa Chainpur P.S. Case No. 1 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.
(Prabhat Kumar Jha, J) Amin/-
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