Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18055 of 2024 Arising Out of PS. Case No.-642 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Ranjit Kumar S/O Mathura Prasad @ Mathura Paswan R/O Village- Belua (Belhari), P.S- Belaganj, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-03-2024 Heard Mr. Prithivi Raj Singh, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.
2. The petitioner is apprehending his arrest connection with Belaganj P.S. Case No. 642 of 2023, F.I.R. dated 27.09.2023 registered for the offences punishable under Sections 420, 379 of the Indian Penal Code and Section 7 of the E.C. Act.
3. Allegation against the petitioner is of huge shortage of supplied grain in P.D.S. System at the time of raid whereas as per punch machine total 5401 Kg. grain should have been available in the stock but nothing was found in the stock.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. The petitioner is a PDS dealer and on 25.09.2023 and on 26.09.2023 the informant has
Patna High Court CR. MISC. No.18055 of 2024(2) dt.14-03-2024 2/3 inspected the shop of the petitioner and due to mismatch of foodgrains the present F.I.R. has been instituted against the petitioner. He further submits that in fact the petitioner has two shops and the informant has only inspected only one shop and on the basis of the mismatch of the foodgrainn the present F.I.R. has been instituted. He further submits that in fact the petitioner is ready to deposit Rs. 50,000/- as a cost of foodgrains which was miss-matched from the PDS shop of the petitioner.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 642 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :- (i) The petitioner is directed to deposit a demand draft of Rs. 50,000/- as a cost of foodgrains in the official
Patna High Court CR. MISC. No.18055 of 2024(2) dt.14-03-2024 3/3 account of Block Supply Officer, Belaganj at the time of furnishing bail bond.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (iii) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T