Maruti Nandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32812 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- CHAKAI District- Jamui ====================================================== MARUTI NANDAN S/O LATE SITA RAM SAO R/o village- Chakai Bazar, P.S.- Chakai, District- Jamui ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-04-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard Mr. Y.C. Verma, learned senior counsel for the petitioner as well as learned APP for the State. The petitioner apprehends his arrest in connection with Chakai P.S. Case No. 36 of 2021, registered for the offences punishable under Sections 420 and 120 B of the Indian Penal Code and Section 07 of the Essential Commodities Act. As per allegation, 280 packets subsidized rice was recovered from the godown of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is not a PDS dealer. The seized article is alleged to be stolen property but there is not any case on behalf of any person or Food Corporation of India that the seized rice was stolen away from

Patna High Court CR. MISC. No.32812 of 2021(2) dt.04-04-2022 2/2 the FCI. He has further submitted that there is nothing on the record which shows that the seized rice belongs to Food Corporation of India as there was no seal of FCI on the packets. The petitioner is a license holder and also the GST certificate holder. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Jamui in connection with Chakai P.S. Case No. 36 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T