Shatrughana Sah @ Shatrughan Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.1155 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1155 of 2018 Arising Out of PS.Case No. -297 Year- 2017 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Shatrughana Sah @ Shatrughan Sah, S/o-Late Jharokhi Sah, Resident of Village-Laxmipur, Tethan, P.S. Sadar, District-Dharbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Darbhanga P.S. Case No. 297 of 2017 registered under Section 7 of the Essential Commodities Act.

The accusation is that, on receiving secret information about black marketing of food grains loading on the Tractor from P.D.S. shop of the petitioner, the informant being the Block Supply Officer-cum-Circle Officer, Darbhanga, proceeded for verification. In the way, a Mahindra Tractor attached with tailor was found, on which, 19 bags rice, 20 bags wheat, total weighing 19.50 K.G. was seized. The Tractor, was being driven by Sitan

Patna High Court Cr.Misc. No.1155 of 2018 (2) dt.11-01-2018 Yadav.

Learned counsel for the petitioner submits that petitioner is the fair price shop dealer, but it would appear from the F.I.R. that there is no indication that the wheat and rice bags as alleged to be seized, were for supply to P.D.S shop. Mere on suspicion, petitioner being the P.D.S. shop owner has falsely been implicated in this case. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Darbhanga P.S. Case No. 297 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T