Indradeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22223 of 2022 Arising Out of PS. Case No.-575 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== Indradeo Prasad Son Of Prayag Jamadar Resident Of Village - Pakad, P.S.- Telmar, Distt.- Nalanda (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajni Kant Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 379/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

The prosecution case in nutshell is that Supply Officer of Harnaut Prakhand along with the informant registered a F.I.R. alleging that in a surprise inspection of PDS shop (License No. 20 of 2016) it was found that huge amount of grain is missing which makes it apparent that same has been black marketed. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case on mere suspicion. It is also submitted that

Patna High Court CR. MISC. No.22223 of 2022(3) dt.14-11-2022 2/2 the amount of grain has been taken from two E-Poss machines, in which one E- Poss machine was allotted in the name of the Chairman of the Pakad P.A.C.S. and was only tagged with the P.D.S. shop of the petitioner recently and thus the distribution from the Pakad P.A.C.S. E- Poss machine was not taken into account. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Nalanda, Biharsharif in connection with Harnaut (Telmar) P.S. Case No. 575 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T