Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36935 of 2022 Arising Out of PS. Case No.-348 Year-2019 Thana- GARKHA District- Saran ====================================================== Geeta Devi Wife of Dinesh Kumar Resident of Village - Himatpur, Police Station- Garkha, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amir Alam For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

Prosecution case in brief is that PDS shop of the petitioner was inspected and it was found that he was distributing less quantity of food grains and charging higher prices from consumers.

It is submitted that FIR has been lodged merely on the basis of oral complaint made by some consumers. It is further submitted that when the consumers attached with the PDS shop of the petitioner came to know about the lodging of FIR, they sworn affidavits in which they have stated that they are getting

Patna High Court CR. MISC. No.36935 of 2022(2) dt.07-11-2022 2/2 foodgrains regularly from the PDS shop of the petitioner. Similarly situated co-accused Mahamaya Prasad has been granted bail by a coordinate Bench of this Court vide order dated 15.10.2019 passed in Cr. Misc. No. 61139 of 2019. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Chapra, Saran in connection with Garkha P.S. Case No. 348 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T