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Patna High CourtCR. MISC./19498/2021allowed

Shankar Kumar Das @ Shankar Das v. The State Of Bihar

2022-11-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19498 of 2021 Arising Out of PS. Case No.-250 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== SHANKAR KUMAR DAS @ SHANKAR DAS SON OF LATE SHITAB CHANDRA DAS @ SHITO DAS R/O VILLAGE- BIHARIGANJ, WARD NO.13, P.S.- BIHARIGANJ, DISTRICT- MADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Narayan Mishra, Adv.

For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 7 E.C. Act.

The allegation against the petitioner is of black marketing of huge quantity of rice.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has no criminal antecedent. Petitioner is not a P.D.S. Dealer. Only the PDS dealers are controlled under the E.C. Act. After 2002 till date other than PDS dealers are not required to obtain license.

Patna High Court CR. MISC. No.19498 of 2021(9) dt.07-11-2022 2/2 Petitioner has obtained G.S.T. registration also. It is further submitted that rice on the truck was not loaded from the shop of the petitioner nor it belongs to the petitioner. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bihariganj P.S. Case No.250/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/-pallavi/- U T