Md. Ibran Afjal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13613 of 2021 Arising Out of PS. Case No.-215 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== MD. IBRAN AFJAL Son of Md. Rajmoon Alam @ Md. Iliyash Alam Resident of Village - Laualagan Purbi, Ward No.- 7, P.S.- Chausa, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Shashi Shekhar Kishore For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Chousa P.S. Case No. 215 of 2020 registered under Section 7 of Essential Commodities Act.

Allegedly, 550 kg of rice was found on a bullock cart. The

Patna High Court CR. MISC. No.13613 of 2021(2) dt.07-02-2022 2/3 said rice was found to be of the petitioner who is a PDS dealer. The concerned authority made physical verification and found that there is difference in Pos Machine and real stock shown in Godown.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is a PDS dealer. As per allegation, he is alleged to use to sell the foodgrains in black market. It is further submitted that the petitioner is ready to deposit an amount of Rs. 25,000/- in the court below which shall be subject to final outcome of the case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 25,000/- in the court below which shall be subject to final outcome of the case. On doing so, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, shall be released on anticipatory bail on his personal bond to the satisfaction of learned learned Sub Divisional Judicial Magistrate, Madhepura in connection

Patna High Court CR. MISC. No.13613 of 2021(2) dt.07-02-2022 3/3 with Chausa P.S. Case No. 215 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T