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Patna High CourtCR. MISC./13100/2023allowed

Naval Kishor Choudhary @ Nawal Kishor Choudhary v. The State Of Bihar

2023-04-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13100 of 2023 Arising Out of PS. Case No.-415 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== NAVAL KISHOR CHOUDHARY @ NAWAL KISHOR CHOUDHARY Son of Mahendra Choudhary Resident of Village - Habibhouar, P.S.- Bahera, District - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bahera P.S. Case No.415 of 2022, registered for the offences punishable under Section 406 of the Indian Penal Code and Section 7 of the E.C. Act.

As per FIR, Block Supply Officer, Benipur inspected the PDS shop of the petitioner and found shortage of 195 quintal wheat and 315 quintal rice in the stock.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is

Patna High Court CR. MISC. No.13100 of 2023(2) dt.29-04-2023 2/2 further submitted that PDS licence of the petitioner has already been cancelled. It is also submitted that no consumer has made any complaint against the petitioner.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Considering the fact that PDS licence of the petitioner has already been cancelled, let petitioner, above named, 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 bonds of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st, Darbhanga in connection with Bahera P.S. Case No.415 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T