Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7837 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- PATAHI District- East Champaran ====================================================== ABHIMANYU KUMAR S/O LATE RAMEKBAL SAH R/VPACHPAKARI, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN, MOTIHARI ... ... PETITIONER/S

VERSUS

The State Of Bihar ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 7 of the Essential Commodities Act.

The allegation against the petitioner along with co-accused persons is that under the PM Poshan Yojna, they committed irregularity under the PDS System by impersonating.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.7837 of 2023(2) dt.02-05-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of prosecution report itself, it appears that the all authorities of the committee inspected the schools attached with the petitioner on 25.04.2022 with regard to distribution of rice and made inspection of only 109 schools and admittedly 5 schools were not inspected by the committee and alleged that 219 quintals of rice not distributed. But the petitioner asserted that from October 2021 to March 2022 he has lifted allotment of 114 schools and he has distributed entire grain in 113 schools except one school. It is further submitted that petitioner has got no criminal antecedent moreover he is languishing in judicial custody since 16.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patahi P.S. Case No. 89 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.7837 of 2023(2) dt.02-05-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned CJM Motihari.

(Sunil Kumar Panwar, J) Manish/- U T