Rambabu Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44941 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== Rambabu Prasad Gupta Son Of Kamal Prasad Gupta P.D.S. Dealeer Bearing Licence No. 21/2015, R/O Village- Mesaudha, P.S.- Piparahi, DistrictSheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumod Kumar Shrivastaw, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 07 of the Essential Commodities Act, 1955.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to political rivalry and village politics. He submits that

Patna High Court CR. MISC. No.44941 of 2022(2) dt.01-12-2022 2/3 as a matter of fact there are three store rooms at the P.D.S. Centre of the petitioner but the Block Supply Inspector (M.O.)/verification team verified the stock of only one store room and stock containing in one room was taken into account/consideration and the two rooms which were also closed just besides of this room in the same plot were not verified and left as closed. He submits that taking into account the supervision report made by the D.S.P. Sheohar, there is no any substantial shortage in the stock and the entire F.I.R. is based on incomplete/wrong facts and has no leg to stand. He submits that license of the petitioner has already been suspended by the concerned authority. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case and the fact that license of the petitioner has already been suspended, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44941 of 2022(2) dt.01-12-2022 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Piparahi P.S. Case No. 85 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) guddukr/- U T