Vidyanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6389 of 2020 Arising Out of PS. Case No.-221 Year-2019 Thana- SAHAR District- Bhojpur ====================================================== VIDYANATH SINGH Son of Late Shrinath Singh Resident of Village - Bajareyan, P.S.- Sahar, District - Bhojpur (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 22-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 7 of E.C. Act.

Informant who is a Block Supply Officer, Sahar Block has alleged that on the basis of information dated 09.08.2019 given by the consumers, he went to enquire into the matter in respect of distribution of article to the consumers in the premises of the dealer and found irregularities and also received complain in respect of distribution of food grains for the month of July, 2019 against the petitioner. Thereafter, he

Patna High Court CR. MISC. No.6389 of 2020(3) dt.22-06-2020 2/3 submitted a report for cancellation of licence of accused / petitioner to the SDO, Sadar, Ara and licence of petitioner was cancelled on 24.08.2019 and the investigation of the case is proceeded by the police.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that petitioner is a PDS dealer since 2007 and not a single consumer made any complain in writing against the dealership of petitioner rather the informant without doing proper verification and without giving opportunity to the petitioner to be heard, cancelled his licence in a hush-hush manner. It is lastly submitted that petitioner is 71 years old person having clean antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sahar P.S. Case No.221 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

Patna High Court CR. MISC. No.6389 of 2020(3) dt.22-06-2020 3/3

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T