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Patna High CourtCR. MISC./17493/2025bail granted

Jai Prakash Srivastava v. The State Of Bihar

2025-04-22Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17493 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- PIPRAHI District- Sheohar ====================================================== Jai Prakash Srivastava Son of Baliram Prasad Resident of Village- Amba Kala, P S.- Piprahi, Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends his arrest in a case registered for the offence punishable under section 7 of Essential Commodity Act.

3 . The prosecution case in brief, is that on 19.12.2024 , the PDS shop , go-down and E Pos machine of this petitioner was physically inspected and it was found that there was shortage of 1406 kg of wheat and 4102 kg of rice and the same were allegedly sold in black market.

4. It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.17493 of 2025(3) dt.22-04-2025 2/3 petitioner is quite innocent and has falsely been implicated in this case . In fact, the allocated wheat and rice has already been distributed among beneficiaries and none of the beneficiary made complaint against petitioner that they did not receive foodgrains. As a matter of fact, due to irregularities in the E Pos machine , the balance of foodgrains was not available and taking advantage of the same informant lodged this case against petitioner.

5 . However, by filing supplementary affidavit, learned counsel for the petitioner further submits that during pendency of this case , the license of petitioner has already been suspended by letter No. 345 dated 23.12.2024 . Petitioner claims clean antecedent.

6. Learned counsel for the State opposed the bail petition .

7. Considering the fact that PDS license of petitioner has already been suspended, clean antecedent of petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, 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 the learned SDJM Sheohar in

Patna High Court CR. MISC. No.17493 of 2025(3) dt.22-04-2025 3/3 connection with Piprahi P.S. Case No. 201 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T