Patna High Court - Orders
Jitendra Chaudhary vs The State Of Bihar on 2 August, 2012
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22247 of 2012
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Jitendra Chaudhary
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
03/ 02-08-2012Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 of the Indian Penal Code and 7 of the Essential Commodities Act.
118 bags of fertilizers of different variety were seized from the godown of one Narendra Singh when the petitioner was not named in the FIR. Subsequently, during investigation it was found that the petitioner was tenant of Narendra Singh, who stored the alleged fertilizers.
It is submitted by learned counsel for the petitioner that nothing on the record to suggest that the petitioner was tenant of Narendra Singh and seizure cannot be treated from the possession of the petitioner, Patna High Court Cr.Misc. No.22247 of 2012 (3) dt.02-08-2012 2/2 hence, no case under Section 7 of the E.C. Act is made out.
A statement has been made in para 12 that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dawath P.S. Case No. 75 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J.) DKS/ .