Arjun Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19929 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Arjun Gupta, Son of Raghunath Prasad , Resident of Village-Bhasurari, Police Station-Shikarpur, District-West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under section 7 of the E.C. Act. The prosecution case as per the written report of Block Supply Officer, Narkatiaganj dated 13.1.2018 is to the effect that one tractor loaded with 13 quintals of wheat was intercepted on suspicion that the wheat in question belonged to FCI supplied to PDS dealer. The petitioner is the PDS dealer and his shop was physically verified. The petitioner accepted the transportation of grains in presence of the representative of Panchayat Mukhiya.

It is submitted by learned counsel for the petitioner that in fact the PDS shop of the petitioner was never raided nor any physical verification of his PDS shop was done. It is further

Patna High Court Cr.Misc. No.19929 of 2018(2) dt.06-04-2018 2/2 submitted tht since the petitioner refused to supply PDS grains to the persons not having valid coupon on the insistence of the Panchayat representative, hence he has been implicated in the present case. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Admittedly, seizure has not been made from the petitioner and the accusation, prima facie, appears to be based on suspicion.

Considering the aforesaid facts, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, West Champaran at Bettiah in connection with Shikarpur P.S. Case No.14 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U