Akhileshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45232 of 2023 Arising Out of PS. Case No.-202 Year-2023 Thana- JHAJHA District- Jamui ====================================================== AKHILESHWAR YADAV Son of Late Lalgit Yadav Resident of village - Dariyo, P.S. - Jhajha, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Jhajha PS case no. 202 of 2023, registered for the offences punishable under Section 7 of Essential Commodities Act. 3.

The allegation is regarding a raid having been conducted in the P.D.S. shop of the petitioner, whereupon it was found that the food grains stock was less than what had been mentioned in the register/ stock book of accounts and the POS machine was also missing.

4.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner has already been suitably punished, inasmuch as his P.D.S. licence has been

Patna High Court CR. MISC. No.45232 of 2023(2) dt.04-08-2023 2/2 suspended.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and the P.D.S. licence of the petitioner has already stood suspended, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

7.

Accordingly, the abovenamed petitioner, in the event of his arrest or 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 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of S.D.J.M. Jamui in connection with Jhajha PS case no. 202 of 2023, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T