Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4269 of 2018 Arising Out of PS.Case No. -67 Year- 2017 Thana -KAJRA District- LAKHISARAI ======================================================

1. Suraj Kumar, S/o Parmanand Mandal, resident of Village- Urain, P.S.- Kajra, District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Kajra P.S. Case No. 67/2017 dated 15.10.2017 instituted for the offences under Sections 341, 323, 353, 427, 120B of the Indian Penal Code and Section 7 of the E.C. Act, 1955. The Block Supply Officer, Suryagarha has lodged the F.I.R. alleging that while he had visited the PDS shop of the father of the petitioner on the occasion of the Food Day, the PDS shop of the father of the petitioner was found to be closed. Later, the petitioner and his mother made available to the informant the registers of the shop and on looking at the same, the informant was of the view that the foodgrains were not being regularly distributed amongst the beneficiaries. When a report regarding this was being prepared, the petitioner is alleged to have lost his cool and he with the help of

Patna High Court Cr.Misc. No.4269 of 2018 (2) dt.01-02-2018 2/2 about 5 to 6 other miscreants, created ruckus at the place where the report was being prepared.

Learned counsel for the petitioner has submitted that the offence under Section 7 of the E.C. Act shall not be attracted against him; whereas there is no other material to connect the petitioner with the offences under the Indian Penal Code for which he has been charged. The petitioner, in his relationship as a son of a PDS dealer, was only trying to reason out with the informant. Only because he was not showing the deserved respect to the informant, that the present case has been lodged.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Lakhisarai in connection with Kajra P.S. Case No. 67/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T