Ramesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16190 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== RAMESH PRASAD SINGH S/O LATE BHIKHARI SINGH R/o- Jakkanpur, New Yarpur, Ward No. 16, P.S.- Gardanibagh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajeev, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Gardanibagh PS case no. 277 of 2022, registered for the offences punishable under Section 7 of Essential Commodities Act.

The allegation is regarding search having been conducted in the P.D.S. shop of the petitioner by the informant, who is Supply Inspector and it was found that stock of food grains was short by 283.15 quintals, thus it is alleged that the petitioner had sold the same in black market for his personal gain.

The learned counsel for the petitioner submits

Patna High Court CR. MISC. No.16190 of 2023(2) dt.19-05-2023 2/3 that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that there is no whisper of any complaint from the consumers/ beneficiaries, nonetheless, the petitioner, in order to show his bonafide, is ready to deposit a sum of Rs. 1 lac with the Nazarat of the learned civil court at Patna, subject to the final outcome of the case in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court deems it fit and appropriate to admit the petitioner to the privilege of anticipatory bail, however subject to him producing receipt of deposit of a sum of Rs. 1 lac with the Nazarat of the learned civil court at Patna, before the learned court below, within a period of four weeks from today. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory

Patna High Court CR. MISC. No.16190 of 2023(2) dt.19-05-2023 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Patna in connection with Gardanibagh PS case no. 277 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T