Patna High CourtCR. MISC./32315/2020bail granted

Parmeshwar Singh v. The State Of Bihar

2021-02-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32315 of 2020 Arising Out of PS. Case No.-71 Year-2020 Thana- KARPI District- Jehanabad ====================================================== Parmeshwar Singh, aged about 48 years, male, S/o Late Prem Singh, Resident of Village - Dariyapur, P.S. - Karpi, Dist. - Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-02-2021 Heard Mr. Nitya Nand Neeraj, learned counsel for the petitioner and Mr. Rana Randhir Singh learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Karpi P.S. Case No. 71 of 2020, dated 23.04.2020, instituted for the offence under Section 7 of the Essential Commodities Act.

The allegation against the petitioner is of having

Patna High Court CR. MISC. No.32315 of 2020(2) dt.08-02-2021 2/3 withheld the food-grains and kerosene oil which he was supposed to distribute to the beneficiaries. The further allegation in the F.I.R. is of selling the controlled items at a higher price.

Learned counsel for the petitioner has submitted that he is a P.D.S. licensee since 1990 and not a single beneficiary has made complaint against him. It has further been submitted that the allegation in the F.I.R., if true, would render his licence liable to be cancelled, but no criminal case can be said to have been made out from the accusation levelled against him.

Considering the nature of accusation against the petitioner and that no such complaint has been filed by anyone of beneficiaries, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Arwal, in connection with Karpi

Patna High Court CR. MISC. No.32315 of 2020(2) dt.08-02-2021 3/3 P.S. Case No. 71 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T