Birendra Prasad Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55118 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Birendra Prasad Singh son of Late Ram Ekbal Singh, Resident of villageChak Pitambar, P.S.- Vaishali, District- Vaishali, Presently posted as Assistant Godown Manager, State Food Corporation, Chanpatiya, DistrictWest Champaran. .... .... Petitioners

Versus

1. The State of Bihar

2. The Bihar State Food Corporation through the District Manager, Bettiah, West Champaran .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. M.K.Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Chanpatia P. S. Case No. 87 of 2014 registered under Section 7 of the Essential Commodities Act.

It has been contended that on 01.04.2014, the petitioner was acting as Assistant Godown Manager, State Food Corporation at Chanpatia and on that date he issued 45 bags rice equivalent to 22 quintals and 68 Kgs against valid store issue order no. BH 245466 dated 06.01.2014 to Nurul Hoda, a P.D.S. Dealer of NAC Chanpatia. His duty was to issue food-grains to

Patna High Court Cr.Misc. No.55118 of 2015 (3) dt.25-01-2016 2/2 the person holding store issue order. If after receiving the goods the dealer has committed any illegality, the petitioner cannot be held responsible for that. It is further contended that the petitioner is not named in the FIR and subsequently, during investigation, the police are trying to implicate him in the present case.

On the other hand, learned counsel for the State has contended that in para 25 of the case-diary, it has come to light that while releasing the goods to Nuru Hoda, the petitioner did not note the registration number of the vehicle on which the bags were to be carried.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in Chanpatia P. S. Case No. 87 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T