Ashok Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3053 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== ASHOK PASWAN Son of Shakladi @ Shakaldeep Paswan Resident of Village - Udakishunganj, Dohatwari, P.S.- Udakishunganj, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 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 Udakishunganj P.S. Case No. 323 of 2021 registered under Section 7 of Essential Commodities Act.

Allegedly, 9.18 quintals of rice and 12.62 quintals of wheat was found in excess in the PDS shop of the petitioner. 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 has been made accused in the present case due to mistake of fact. The petitioner happens to be PDS dealer. Due to miscalculation, the excess foodgrains was shown by the prosecution. It is further submitted that the petitioner is ready to deposit an amount of Rs.

Patna High Court CR. MISC. No.3053 of 2022(2) dt.01-04-2022 2/2 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 furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishungan in connection with Udakishunganj P.S. Case No. 323 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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