Musmat Shobha Kunwar @ Shobha Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8721 of 2022 Arising Out of PS. Case No.-173 Year-2021 Thana- DURAULI District- Siwan ====================================================== 1.

MUSMAT SHOBHA KUNWAR @ SHOBHA KUNWAR W/o Late Shankar Kamal R/o village- Kumhati Bhitauli, P.S.- Darauli, District- Siwan 2.

Ujjawal Shankar Gupta S/o Late Shankar Kamal R/o village- Kumhati Bhitauli, P.S.- Darauli, District- Siwan ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406 & 420/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

The petitioners, being the PDS dealer, are said to

Patna High Court CR. MISC. No.8721 of 2022(2) dt.01-08-2022 2/2 have sold the food grains in open market which are meant for beneficiary and their licence have been suspended. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case as the petitioners failed to oblige with the graft demanded by the officials. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the licence of the petitioners have already been suspended. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Darauli P.S. Case No.173 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.