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Patna High CourtCR. MISC./2337/2022bail granted

Ravindra Singh v. The State Of Bihar

2022-10-11Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2337 of 2022 Arising Out of PS. Case No.-48 Year-2021 Thana- UPHARA District- Aurangabad ====================================================== RAVINDRA SINGH SON OF LATE RAMADHAR SINGH R/O VILLAGETEYAP, P.S.- UPHARA, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a PDS dealer since 12 years, it is also submitted that in his entire career as a PDS dealer not a single complaint ever came to be instituted against him either by the authorities or by any beneficiaries. It is next submitted that an FIR came to be instituted in which the informant alleges that as per orders of the SDO, Daudnagar, the informant inspected the premises of the PDS shop of the

Patna High Court CR. MISC. No.2337 of 2022(3) dt.11-10-2022 2/3 petitioner and during inquiry it was found that the stocks of wheat and rice were much less than what the POS machine showed, it is further alleged that thumb impression of the beneficiaries were taken on POS machine, but the ration had not been given to them for the month of June and July. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that not a single beneficiary has complained against the petitioner that they were deprived of their quota of ration, it is also submitted that the beneficiaries have given on affidavit that they had never made any complaint against the petitioner, as would be evident from Annexure-2 series, it is also submitted that though it is alleged that there was difference in the stocks and the POS machine but the stock report of the POS machine has not been submitted along with the FIR. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.2337 of 2022(3) dt.11-10-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Uphara P.S. Case No. 48 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T