Yogendra Rajak @ Yogi Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19602 of 2023 Arising Out of PS. Case No.-502 Year-2022 Thana- PATORI District- Samastipur ====================================================== Yogendra Rajak @ Yogi Rajak, Son of Late Mahabir Rajak, Resident of Village- Harpur Saidabad, P.S.- Patory, District- Samstipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-06-2023 Heard Mr. Ajay Kumar, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Patori P.S. Case No. 502 of 2022 registered for the offence punishable under Section 7 of the Essential Commodities Act. The petitioner is a PDS dealer and allegedly he was found engaged in black-marketing of food-grains. In course of patrolling, the raiding party seized one Magic van, wherein 25 bags of rice, weighing 12.50 quintals, were found loaded. In course of investigation when the stock of the godown was verified by the authority concerned, the shortage of rice was found.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.19602 of 2023(3) dt.15-06-2023 2/3 submits that the petitioner has neither concern with the seized vehicle nor it has been verified that the recovered rice is of the PDS shop of the petitioner. It is next submitted that from the seizure list, it appears that the copy of the same was not served to the petitioner or his family members. He further submits that considering the false implication of the petitioner, a public petition has been filed with regard to the fair antecedent of the petitioner and moreover the representative of the public has also put his signature on the same. He lastly submits that the petitioner is a man of fair antecedent.
The aforesaid submissions of the petitioner has been controverted by the learned counsel for the State and submits that during the course of investigation complicity of the petitioner has come in black-marketing the rice. Regard being had to the submissions made on behalf of the parties and considering the fact that there is no verification report suggesting that the recovered rice belongs to the PDS shop of the petitioner, coupled with his fair antecedent, let the petitioner, above named be, released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.19602 of 2023(3) dt.15-06-2023 3/3 each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 502 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C.
(Harish Kumar, J) uday/- U T