Sushmita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19228 of 2022 Arising Out of PS. Case No.-453 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== SUSHMITA KUMARI W/O VIRENDRA KUMAR R/o village- Telbhadro, P.S.- Akbarpur, District- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that the petitioner is a lady and is a person with clean antecedent. The informant alleges that he received information on mobile that one vehicle was seized loaded with government wheat and the driver of the vehicle disclosed that 90 bags of wheat were loaded from the shop of Satyendra Sao and 91 bags of wheat were loaded from some other place.

Learned counsel for the petitioner further submits that admittedly from bare perusal of the allegation as alleged in the FIR, it would manifest that the wheat was loaded from the shop of one Satyendra Sao. It is next submitted that after the vehicle was sezied,

Patna High Court CR. MISC. No.19228 of 2022(2) dt.16-06-2022 2/2 raid was conducted in the PDS shop of the PDS Dealer of the locality and during raid from the shop of the petitioner two quintals of wheat was found in access. Learned counsel submits that it is a matter of accounting. As per the prosecution, it is alleged that wheat was in access but according to the petitioner the wheat was within the limit as per her entitlement in accordance with the licence. Learned counsel next submits that the licence of the petitioner already stands 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 her 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 Akbarpur P.S. Case No. 453 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T