Patna High CourtCR. MISC./48128/2017allowed

Sitaram Paswan v. The State Of Bihar

2017-10-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48128 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -DEO District- AURANGABAD ====================================================== Sitaram Paswan, S/o Late Aliyar Paswan, R/o Village - Deo Godampar, P.S. Deo, District-Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-10-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

The prosecution case is that in compliance of the order of SDO, Aurangabad, the PDS shop of the petitioner was inspected on 13.06.2017 by Block Supply Officer, Rafiganj and Block Supply Officer, Navinagar when shortage of wheat and rice were found. During enquiry it was also found that the grains were sold without issuing cash memo.

It is submitted by learned counsel for the petitioner that the petitioner is a PDS dealer since long and is

Patna High Court Cr.Misc. No.48128 of 2017 (2) dt.18-10-2017 2/2 aged about 73 yeas. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the nature of accusation and the old age of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No. 57 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T