Sudeshwar Shah @ Siddheshwar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35819 of 2020 Arising Out of PS. Case No.-228 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Sudeshwar Shah @ Siddheshwar Shah, aged about 60 years, Male, Son of Akal Shah @ Akal Sao, resident of village Badi Tangraila, Police Station Naubatpur, District Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2021 Heard both sides through video conferencing.

The petitioner apprehends his arrest in Naubatpur P.S. Case No.228 of 2020, registered under Section 7 of the Essential Commodities Act.

The informant, Block Supply Officer, Naubatpur alleged that on 02.05.2020 after having received information went to the house of the petitioner and found that Vidya Sagar Singh, ASI seized 20 sacks each containing 60 Kg. of rice from the house of the petitioner. The female inmates of the house disclosed that the petitioner purchased the rice from PDS dealer Uday Paswan.

Learned counsel for the petitioner submits that 12 Quintals of rice is said to have been recovered from the house of

Patna High Court CR. MISC. No.35819 of 2020(2) dt.06-04-2021 2/2 the petitioner and there is nothing on record to show that the petitioner purchased the rice from any PDS shop. On mere suspicion that the petitioner purchased the rice from the PDS dealer, this case has been lodged. The stock register of the PDS dealer has not been verified and no shortage was found in the stock register of the PDS dealer.

Taking into consideration the facts and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 S.D.J.M., Patna in connection with Naubatpur P.S. Case No.228 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T