Dilchand Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32227 of 2023 Arising Out of PS. Case No.-568 Year-2022 Thana- ARARIA District- Araria ====================================================== Dilchand Rishideo, aged about 37 years, Male, son of Bhedi Lal Rishidev, resident of village- Bangama Ward No 12, Bangawan, Police Station- Araria, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Araria PS Case No.568 of 2022 dated 08.07.2022, instituted for the offence punishable under Sections 7 of the Essential Commodities Act.

3. The allegation against the petitioner is that on inspection in the PDS shop of the petitioner several irregularities were found and about 208.42 Quintal wheat 381.89 Quintal rice which were showing in POS Machine were missing from the shop suggesting black-marketing the of the food grains.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32227 of 2023(2) dt.21-06-2023 2/2 major allegation is of shortage of food grains in the PDS shop of the petitioner and the same was never verified from the customers or the sale register of the petitioner as the POS machine was defective at that time. Learned counsel further submits that before lodging the instant FIR, licence of the PDS shop of the petitioner was already cancelled on the basis of the allegation levelled against the petitioner. It is further submitted that the petitioner is in custody since 03.08.2022 and chargesheet has been submitted on 28.08.2022. The petitioner has one criminal case pending against him which is under the Bihar Excise and Prohibition Act.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Araria, in Araria PS Case No.568 of 2022.

(Khatim Reza, J) J. Alam/- U T