Rameshwar Rai @ Rameshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46253 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== RAMESHWAR RAI @ RAMESHWAR RAY Son of Late Bijali Rai Resident of Village - Madhopur Fulwariya, P.S.- Rajepur, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 7 of Essential Commodities Act.
It is a case of black marketing of food grains in Fulwaria Bazar by one co-accused Niraj Kumar and he disclosed that he has purchased the said food grains from Rameshwar Rai. Thereafter, godown of Rameshwar Rai was searched and from there 32 kg rice and 762 kg wheat was recovered.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that there was no complaint made against the petitioner on
Patna High Court CR. MISC. No.46253 of 2021(2) dt.24-03-2022 2/2 behalf of the card holders. It is also submitted that petitioner is PDS dealer since 1977. Petitioner has no concerned with apprehended co-accused and recovered rice. The petitioner is not liable for the offence under section 7 E.C. Act. Learned Additional Public Prosecutor opposed the bail prayer of the petitioner.
Considering the facts and circumstance of the case as well as submission of the parties, let the petitioners in the event of his arrest or surrender before the Court Below within a period of four 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 Judicial Magistrate, East Champaran in connection with Rajepur P.S Case No. 48 o 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Sunil Kumar Panwar, J) N.K/- U T