Rajeev Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63407 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- ARER District- Madhubani ====================================================== Rajeev Kumar Jha Son of late Shyam Kumar Jha Resident of VillageKapsiya Post Kapsiya Police Station Arer, Distt.-Madhubani. At present Chairman paccs and dealer of public Distribution system Kapasiya within Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Thakur For the Opposite Party/s :

Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 420 read with 120(B) of the Indian Penal Code and Section-7 of Essential Commodities Act. The prosecution case, in brief, is that on checking of the stock register of the applicant/accused, the rice was found excess in the PDS shop of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case due to village politics. The petitioner is a PDS dealer. Four quintals of

Patna High Court Cr.Misc. No.63407 of 2018(2) dt.14-12-2018 2/2 rice was recovered from a rickshaw. The name of the petitioner has transpired on the disclosure made by the co-accused. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no shortage in the stock register.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Munsif-cum-J.M. Ist class, Benipatti, in connection with Arer P.S. Case No. 116 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T