Suresh Singh @ Suresh Pd. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26097 of 2020 Arising Out of PS. Case No.-198 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== SURESH SINGH @ SURESH PD. SINGH S/o - Late Ghutar Singh Resident of Village- Nadiyawan, P.S.- Lakhisrai (Ramgarh Chowk), DistrictLakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP.

(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 420, 467, 468of the Indian Penal Code and Section 7 of E. C.Act. Informant along with Block Supply Officer, Chanan, conducted a raid in the P.D.S. shop of Mohan Singh and conducted an inquiry about the current position of the distribution in the E. POS machine and inquired about the receiving of grain by the beneficiaries. During inquiry the shop of the petitioner was found closed and P.D.S. shopkeeper had made forged distribution and also issued forged cash memo to the beneficiaries and grains have been sold in the black market.

Patna High Court CR. MISC. No.26097 of 2020(2) dt.21-10-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is a P.D.S. shopkeeper and is running his shop about 30 years to the full satisfaction. During the course of aforesaid period no complaint or any irregularities have been made by any authority. The present case has been lodged after delay of 4 days without any explanation. Nothing incriminating has been recovered either from the possession or from the shop of the petitioner and inquiry was not made in the presence of the petitioner. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M. or his Successor in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 198 of 2020 (G.R. No. 419 of 2020 subject to the condition as laid down under Section 438(2) of the Cr.P.

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial

Patna High Court CR. MISC. No.26097 of 2020(2) dt.21-10-2020 3/3 and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veena U T