Raj Mangal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32583 of 2020 Arising Out of PS. Case No.-106 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== RAJ MANGAL RAI S/o Late Bahadur Rai R/o village- Kothiya, P.S.- Madhuban, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-02-2021 Heard Mr. N.K. Agrawal, learned Senior Advocate for the petitioner and Ms. Anita Kumari, the learned APP for the State.

The petitioner, who is a PDS dealer seeks bail in anticipation of his arrest in connection with Madhuban P.S. Case No. 106 of 2020 dated 23.04.2020 instituted for the offences under Sections 188, 269 and 270 of the Indian Penal Code, Section 3 of the Epidemic Disease Act, 1897, Section 151 of the Disaster Management Act, 2005 and Section 7 of the Essential Commodities Act. A pick-up van loaded with rice was intercepted. The accusation against the petitioner is that such quantity of rice which was to be distributed amongst the beneficiaries was attempted to be sold in the open market in black.

Patna High Court CR. MISC. No.32583 of 2020(2) dt.19-02-2021 2/2 Learned counsel for the petitioner has submitted that he is a licensee for a very long time and there has not been any complaint against him from anyone of the beneficiaries. The petitioner also denies that the rice belongs to the Public Distribution System. The bags of rice were found to be hand-stitched which demonstrates that those bags are not of the SFC. Considering the nature of accusation, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, East Champaran at Motihari in connection with Madhuban P.S. Case No. 106 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T