Patna High CourtCR. MISC./42762/2017bail granted

Arvind Singh v. The State Of Bihar

2017-09-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42762 of 2017 Arising Out of PS.Case No. -248 Year- 2017 Thana -TEKARI District- GAYA ======================================================

1. Arvind Singh son of Late Ramdas Singh, Resident of Village- Tetarpur, P.S.- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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

When the authorities had gone to inspect the PDS shop of the petitioner, the shop was found closed. The people available thereat, mainly consumers, complained non-supply of commodities to them by the petitioner and sale of the same in the black-market.

Learned counsel for the petitioner submits that the petitioner was hospitalized for two days, hence, there is justification for closure of the shop. Statement of none of the

Patna High Court Cr.Misc. No.42762 of 2017 (2) dt.21-09-2017 P2/ consumers was recorded; rather on blank paper their LTIs were taken by the authorities. Moreover, the stock register would reveal that there is no anomaly.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/successor Court in connection with Tekari Police Station Case No. 248 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T