Patna High CourtCR. MISC./11358/2020bail rejected

Awadesh Kumar @ Shri Awadesh Kumar v. The State Of Bihar

2020-09-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11358 of 2020 Arising Out of PS. Case No.-216 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== AWADESH KUMAR @ SHRI AWADESH KUMAR Son of Suraj Paswan Resident of Village- Belmohan, P.S.- Phulparas, District- Madhubani. At that time Shri Awadesh Kumar P.D.S. Dealer at Panchayat Sudai Ratauli, P.S.- Phulparas, District- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party :

Mr.Parmeshwar Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. Petitioner apprehends arrest in Danapur Police Station Case No. 799/2019 registered for the offences punishable under Sections 419/420 of the Indian Penal Code and section 7 of the EC Act.

Petitioner, a PDS dealer, after enquiry, has been found to have indulged in committing forgery in supplying ration to the legal card holders.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that only three card holders have made complaint against the petitioner and in fact the instant case has been lodged at the instigation of a retired executive magistrate. Petitioner has got no criminal antecedent.

Learned counsel for the State opposes the prayer for bail stating the allegation against the petitioner has been enquired into by the officials and on finding sufficient materials against the petitioner, his PDS licence has also been cancelled.

Patna High Court CR. MISC. No.11358 of 2020(5) dt.15-09-2020 2/2 He further submits that petitioner in the name of fictitious card holders looted food grains.

In view of the nature of allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T