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Patna High Court - Orders

Ramakant Mishra vs The State Of Bihar on 15 September, 2015

Author: Anjana Mishra

Bench: Anjana Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.15942 of 2015
                            Arising Out of PS.Case No. -289 Year- 2014 Thana -KOTWA District-
                                            EASTCHAMPARAN(MOTIHARI)
                 ======================================================
                 1. Ramakant Mishra S/o Baidyanath Mishra r/o vill Machhargawa P.S.
                 Kotwa, Dist E.Champaran.
                                                                     .... .... Petitioner/s
                                                  Versus
                 1. The State of Bihar.
                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Dhannjay Kumar No 2
                 For the Opposite Party/s   : Mr. Atul Chandra(App)
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
                                             ORAL ORDER

3   15-09-2015

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 420 / 467/448 and 471 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that the petitioner is a Public Distribution System dealer and has falsely been implicated in this case and the allegations levelled against him is mischievous as the food-grains which are said to be missing from the godown of the petitioner, have in fact, been distributed amongst the beneficiaries of the said food-grains. It is further submitted that there was no complaint from any quarter in this regard but a false and mischievous allegation has been made Patna High Court Cr.Misc. No.15942 of 2015 (3) dt.15-09-2015 P2/2 against him as a result of which, he is facing prosecution.

Considering the nature of allegation made against the petitioner and also the fact that the petitioner has got no criminal antecedent of similar nature, let the petitioner Ramakant Mishra, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sadar at Motihari, East Champaran, in connection with Kotwa P.S. Case No. 289 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/-

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