Patna High CourtCR. MISC./44338/2017bail granted

Mritunjay Kumar And ANR v. The State Of Bihar

2017-09-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44338 of 2017 Arising Out of PS.Case No. -117 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================

1. Mritunjay Kumar, Son of Late Ram Binay Sharma, R/o VillageKhadasin, P.S.- Karpi (Sadar Telpa O.P.), District- Arwal.

2. Basudeo Singh @ Basudeo Sing son of late Balgovind Singh, R/O village- Paharpura, P.S. Karpi (Sahar Telpa O.P._, District Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-09-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Karpi (Sahar Telpa O.P.) P.S. Case No. 117 of 2017 for the offence punishable under section 7 of the E.C. Act.

Allegedly, the petitioners being the Chairman of Kharasin PACS and the P.D.S dealers of Kharasin Panchayat were supplying less quantity of grains and they are taking high price from the consumers and during enquiry the consumers made complaint in this regard.

Submission is of false implication and that in fact, the

Patna High Court Cr.Misc. No.44338 of 2017 (2) dt.22-09-2017 2/2 grains are supplied to the card holders as detailed in the register which is maintained by the P.D.S. dealers but due to grudge in election some people made complaint against the petitioners without any basis and the license of fair price shops of the petitioners have already been suspended, the petitioners have got no criminal antecedents, similarly situated co-accused Manoranjan Kumar, P.D.S. dealer of Mali Panchayat, has been allowed prearrest bail vide Cr. Misc. No. 42440 of 2017 by order dated 20.09.2017 by another co-ordinate Bench of this Court and as such the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that co-accused Manoranjan Kumar has been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M, Arwal in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T