Jai Prakash Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14433 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- NAUTAN District- Siwan ====================================================== JAI PRAKASH DUBEY Son of Shri Pashupati Nath Dubey Resident of Village - Mishrachak, P.s.- Nautan, Distt.- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

The informant alleges that on the basis of a viral video about breach of order of Central Government, the PDS Shop of the petitioner was raided for inquiry and on verification it was found that there was a mismatch in the quantity of stock as being displayed on the e-PoS machine and the stock kept in the shop. It is next alleged that the petitioner sold the essential

Patna High Court CR. MISC. No.14433 of 2022(2) dt.19-09-2022 2/3 commodities at a higher price and even misbehaved with the beneficiaries.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that the FIR does not disclose that as to what was made viral in the video which led to the raiding of the shop of the petitioner, it is also submitted that none of the beneficiaries have ever complained against the petitioner as he is a licensee for the last 30 years and no complaint ever was instituted against him. Learned counsel for the petitioner next submits that the PDS license of the petitioner has already been suspended.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the 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 released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Nautan P.S.

Patna High Court CR. MISC. No.14433 of 2022(2) dt.19-09-2022 3/3 Case No. 06 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) gauravkr/- U T