Rama Dhar Singh @ Ramadhar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15455 of 2025 Arising Out of PS. Case No.-633 Year-2024 Thana- MASHRAK District- Saran ====================================================== Rama Dhar Singh @ Ramadhar Singh S/o- Lakshmi Singh VillageMashrakh, Purab Tola, P.O or P.S- Mashrakh, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narayan, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2025 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.
3. Allegation against petitioner is that he misappropriated the foodgrains which were meant for distribution. Further allegation is that after cancellation of the license of petitioner, he was directed to hand over 257 bags of wheat and 358 bags of rice to other transferee dealers but petitioner did not transfer it and also misappropriated the same.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, on 31.10.23 at about 11:30 PM, all of sudden, the godown of the petitioner caught fire as a result of which, all the foodgrains stored in the godown got burnt regarding which information was also given to the local police on 1.11.2023. The
Patna High Court CR. MISC. No.15455 of 2025(2) dt.07-04-2025 2/3 S.H.O. entered SDE No. 1237 dated 1.11.2023 on the application of petitioner from which it is apparent that one ePoS machine was also damaged in the fire. Further, on the direction of SDM, Marhaura petitioner deposited Rs. 25,000/- to repair the damaged e-PoS machine on 16.1.24. He further submits that present F.I.R. has been lodged after delay of 13 days and there is no plausible explanation for the same. Moreover, SDM, Marhaura has already cancelled the P.D.S license of petitioner.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of petitioner.
6. Considering the aforesaid facts and circumstances and also the fact that license of the petitioner has already been cancelled, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner, in the event of his arrest /surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Mashrakh P.S. Case No. 633 of 2024, G.R. No. 11544 of 2024, subject to
Patna High Court CR. MISC. No.15455 of 2025(2) dt.07-04-2025 3/3 condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Ranjeet/- U T