Punit Kumar Mandal @ Sree Punit Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11229 of 2022 Arising Out of PS. Case No.-242 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Punit Kumar Mandal @ Sree Punit Kumar Mandal S/O Jeewanand Mandal Resident Of Village- Gidhwas, Ward No.-09, Mandal Tola, P.S.- Raniganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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

On surprise inspection of the petitioner's PDS shop, name and style of M/S Maa Trading, Gidhwas, Raniganj to which the petitioner is proprietor vide license no. 146/2019-20 have been found for making bungling in the PDS commodity DAP fertilizers as on checking of POS machine revealing stock

Patna High Court CR. MISC. No.11229 of 2022(2) dt.04-08-2022 2/3 of 98 bags of fertilizers each bag 50 kg. whereas 18 bags of fertilizer have been shown in the stock register and thus the petitioner PDS license holder has been found violating the provisions of E.C. Act.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case only on suspicion. He submits that petitioner is a licencee fertilizer dealer and he has not committed any offence. He submits that though the licence of the petitioner has been suspended by the concerned authority but on appeal his licence has been revoked by the appellate authority. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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

Patna High Court CR. MISC. No.11229 of 2022(2) dt.04-08-2022 3/3 in connection with Raniganj P.S. Case No. 242 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T