Raj Kumar Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10727 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Raj Kumar Azad Son of Bindeshwari Yasdav, Resident of VillageBelsandi, P.S.- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Bithan P.S. Case No. 149 of 2016 instituted for the offence under Section (s) 7 of the Essential Commodities Act.

It is alleged that PDS shop of the petitioner was inspected by District Land Acquisition Officer and Supply Officer and they found various irregularities in running the PDS shop as mentioned in the written report.

It has been submitted on behalf of the petitioner that he has filed show cause by annexure-2 before Sub-Divisional Officer, Rosera, Samastipur explaining that there was no irregularity and the aforesaid show cause is still pending for

Patna High Court Cr.Misc. No.10727 of 2017 (2) dt.18-03-2017 2/2 consideration.

From the written report itself, it appears that there is allegation of mere irregularities. There is no any allegation against this petitioner of black-marketing.

It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Bithan P.S. Case No. 149 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T