Anirudh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60066 of 2017 Arising Out of PS.Case No. -577 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Anirudh Prasad, Son of late Parma Ram Resident of Village- Jhingai Dihra, P.S. Sonahan, District Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 12-12-2017 Heard learned counsel for the petitioner and learned APP 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.

The prosecution case is that on 15.09.2017 26 bags of rice each weighing 48.500 kgs. were seized while being transported through tractor from Bhabua market. It is alleged that the petitioner being PDS dealer was supplied the said rice, but it was not supplied to the beneficiaries. It is submitted by learned counsel for the petitioner that the FIR has been lodged only on suspicion as on

Patna High Court Cr.Misc. No.60066 of 2017 (2) dt.12-12-2017 2/2 verification of the record it was not found that the seized rice was not distributed to the actual beneficiaries. Moreover, the PDS dealership of the petitioner has already been suspended by the authorities.

Considering the fact that the petitioner PDS dealership has already been suspended , let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 577 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T