Dev Narayan Rai @ Devnarayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18487 of 2020 Arising Out of PS. Case No.-770 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.

DEV NARAYAN RAI @ DEVNARAYAN RAI S/o Late Baijnath Rai R/o village- Pathra, P.S.- Garkha, District- Saran at Chapra 2.

Virendra Prasad Yadav @ Birendra Prasad Yadav S/o Late Baijnath Rai R/o village- Pathra, P.S.- Garkha, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 420 of the Indian Penal Code and Section 7 of E.C. Act.

The prosecution case, in short, is that shortage of food grains was found in the stock which was meant for welfare scheme of the government and the same was found black

Patna High Court CR. MISC. No.18487 of 2020(2) dt.19-08-2020 2/3 marketing in the open market..

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The allegations made in the F.I.R. is denied by the petitioners. No offence under section 7 of the E.C. Act is made out. It is further submitted that the petitioners are ready to deposit a sum of Rs. 50,000/- (fifty thousand) jointly in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, on deposit of a sum of Rs. 50,000/- (fifty thousand) jointly in the Court below which shall be subject to final disposal of the cas e , the petitioners above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned S.D.J.M., Saran at Chapra in connection with Garkha P.S. Case No. 770 of 2019, subject to the

Patna High Court CR. MISC. No.18487 of 2020(2) dt.19-08-2020 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T