Bajrangi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9814 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== BAJRANGI SAH SON OF LATE TRIVENI SAH RESIDENT OF VILLAGE - SHIVNAGAR, WARD NO.5, P.S. - RUNNI SAIDPUR, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Subodh Kumar, Advocate For the State :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.

3. As per prosecution case, allegation against this petitioner is of not handing over 23,527 Kgs of food grains to the attached PDS dealer in spite of several directions of the Sub Divisional Officer, Sitamarhi.

4. It is submitted by learned counsel appearing on behalf of the petitioner that at the relevant time, petitioner was a licencee PDS dealer having Licence No. 30/87 within the panchayat of Runnisaidpur. It is further submitted that the petitioner denies the prosecution case and submits that the alleged food grains were never supplied to the petitioner.

Patna High Court CR. MISC. No.9814 of 2024(6) dt.19-06-2024 2/3 However, without admitting the prosecution case, at this stage, petitioner is ready to deposit an amount of Rs. 4,00,000/- (Rupees four lacs). Petitioner claims clean antecedents.

5. Considering the aforesaid facts and circumstances, prayer for grant of anticipatory bail to the petitioner is allowed.

6. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Runni Saidpur P.S. Case No. 486 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, along with the following terms and conditions:

A. At the time of furnishing bail-bond, Rs. 1,00,000/- (Rupees one lakh) shall be deposited in the Nazarat of the Civil Court, Sitamarhi.

B. Rest amount, i.e. Rs. 3,00,000/- (Rupees three lacs) shall be deposited in the Nazarat of Civil Court, Sitamarhi, in equal monthly installments within a period of one year from the date of furnishing bail-bond.

C. The aforesaid payment shall be subject to the final outcome of the case.

D. If petitioner fails to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner.

Patna High Court CR. MISC. No.9814 of 2024(6) dt.19-06-2024 3/3

7. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.

(Prabhat Kumar Singh, J) shashank/- U T