Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11180 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- PIYAR District- Muzaffarpur ====================================================== KANTI DEVI Wife of Hari Baitha Residetn of Village - Simera, P.S.- Pear in the District of Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 7 of the E.C. Act. The allegation against the petitioner is that she has misappropriated and failed to deposit 28605.301 kg of rice and 13529.320 kg of wheat before the Pax Chairman. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. Petitioner has no criminal antecedent. It is submitted that the petitioner is a P.D.S. dealer and her licence already was cancelled on 07.07.2022 but due to mistake, the food grains was supplied on 08.07.2022 and petitioner is ready to return the quantity of rice and wheat which was not deposited.

Patna High Court CR. MISC. No.11180 of 2023(2) dt.25-04-2023 2/2 Learned APP for the State opposed the prayer for bail. Considering the submission of learned counsel for the petitioner that the petitioner is ready to return the quantity of rice of 28605.301 kg and wheat 13529.320 kg to the concerned Authority within a period of four weeks from today and having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of three months from today, in the event of her 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 Pear P.S. Case No.167 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The provisional bail of the petitioner shall be confirmed by the learned court below itself after three months on showing the receipt of deposit of the food grains before the concerned Authority.

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