Ajit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51938 of 2016 Arising Out of PS.Case No. -163 Year- 2013 Thana -PARWATTA District- KHAGARIA ====================================================== Ajit Kumar Yadav Son of Late Bhola Yadav resident of village - Muradpur, P.S. Parbatta, District - Khagaria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bharat Bhushan For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Parbatta P.S. Case No. 163 of 2013 (G.R. No.1614 of 2013) for the offence instituted under Section 7 of the E.C. Act. The allegation against the petitioner is that being a P.D.S. dealer, he was involved in black marketing of 34 quintal and 50 Kg of wheat, which was meant for the beneficiaries of BPL and Antyodaya Yojna.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. He has been made

Patna High Court Cr.Misc. No.51938 of 2016 (2) dt.07-12-2016 2/2 accused due to mistake of fact. From perusal of Annexure-2 to the present application, it is evident that the police in course of investigation has submitted final form. Enquiry was also made in respect to the said occurrence, which is evident from perusal of vide Annexure-7 to the present application but no shortage of wheat was found in the godown.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Parbatta P.S. Case No. 163 of 2013 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., Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T