Mohan Maraiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14908 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== Mohan Maraiya, S/o-Rupchand Maraiya, Resident of Village - Singhya Chowk, Panchayat-Chakla, P.S.- Kishanganj, Dist- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-04-2025 Heard Mr. Raj Kumar, learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kishanganj P.S. Case No. 210 of 2024 instituted for the offence under Section 7 of Essential Commodities Act.

3. The case of the prosecution is that on physical verification of the P.D.S. shop of the petitioner, less amount of grains was found as compare to the Cumulative Current Stock Report. It is alleged that in the stock there must be 123.63 quintals of wheat and 433.38 quintals of rice.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. Learned counsel for the petitioner has further

Patna High Court CR. MISC. No.14908 of 2025(2) dt.19-04-2025 2/2 submitted that he has represented before the authorities that the amount of the serials which was entered EPOS machine was more than the actual serials which were handed over to the P.D.S. dealer for distribution that is why on physical verification, the quantity which was entered in EPOS was not matched. Learned counsel for the petitioner has brought to the notice two Annexures which are the representations of the petitioner before the appropriate authority for redressing the grievance.

5.Learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kishanganj P.S. Case No.210 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kishanganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T