- (1.) ANTICIPATORY bail application filed by petitioner Ram Brikchh Pandey is moved by Sri. Nilesh Kumar and opposed by Sri. D.K. Sinha, learned Additional P.P.
(2.) IN the instant case, two irregularities complained against the petitioner i.e on the date and time of raid, no register found, secondly names and details of persons holding Red Cards and Antyoday Cards, have not been displayed on Board. So far the first irregularities is concerned, it appears from seizure list that the same is not correct, because from the shop of petitioner altogether five registers recovered by the authorities. So far second irregularities is concerned, it is admitted position that the raid conducted at 11.30 p.m. after the closure of the shop. In view of the decisions of their Lordships of Ho'ble Supreme Court reported in AIR 1975 SC 2198 and a decision of Hon'ble Patna High Court reported in 1986 PLLJR 230 , if the raid conducted after closure of shop in the midnight , then display is not necessary.
(3.) CONSIDERING the aforesaid facts and circumstance, I allow this application and direct the petitioner to surrender in the court below by 30.03.2011 and in that event the court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Latehar in connection with Latehar P.S. Case No. 133 of 2010 ( G.R. No. 587 of 2010) , subject to the condition as laid down under section 438(2) of the Cr.P.C.;