Dheeraj Kumar Singh @ Dheeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31200 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== Dheeraj Kumar Singh @ Dheeraj Kumar Son Of Rajeshwar Singh Resident Of Village - Gyaspur, P.S. - Paroo, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yugal Kishore, Adv.
For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with Paroo P.S. Case No. 207 of 2023 registered under Section 7 of Essential Commodities Act.
3. The prosecution story, in brief, is that after the death of PDS dealer of Gyaspur Panchayat namely Lal Babu Singh, his shop was attached to the shop of this petitioner. It is further alleged that despite repeated directions petitioner failed to provide 1460.07 Quintal food grains to the newly PDS dealer namely Surbhi Kumari.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the
Patna High Court CR. MISC. No.31200 of 2024(3) dt.19-06-2024 2/3 petitioner is a PDS dealer for the last 13 years and during this period no complain has been made against this petitioner. It is further submitted that as a matter of fact, the petitioner has already handed over EPOS Machine to Surbhi Kumari but due to lack of Godown, the food grains were not handed over to her in apprehension of being damaged and despite the information, neither the department nor the newly licensee PDS dealer Surbhi Kumari took any step. Petitioner is ready to deposit Rs. 5 lac without admitting his guilt.
5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Muzaffarpur (West) in connection with Paroo P.S. Case No. 207 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. with direction to the petitioner that :- i. Petitioner shall deposit Rs. 2,00,000/- (Two Lacs) in the Nazarat and will produce the receipt of the same at the time
Patna High Court CR. MISC. No.31200 of 2024(3) dt.19-06-2024 3/3 of furnishing bail-bond in the Court below and thereafter, rest amount i.e. Rs. 3 lacs shall be deposited in three equal installments within a period of six months in the Nazarat, failing which, the learned Court below would be at liberty to cancel the bail-bond.
6. It is made clear that this order has been passed only for the purpose of bail, without going into the merit of the case and payment of aforesaid amount shall be subject to the final outcome of the case.
(Prabhat Kumar Singh, J) utkarsh/- U T