Bipin Bihari Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43581 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== BIPIN BIHARI DAS Son of Late Santlal Das Resident of Village - Barhara, P.S.- Barhara, Distt - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Thakur For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Barhara P.S. Case N0. 33 of 2019, disclosing offences under Section 7 of the Essential Commodities Act.

The petitioner is a PDS dealer. A tempo laden with rice-bags was intercepted by the Block Supply Officer and with the allegation that, prima facie, it appeared that the rice which was required to be supplied at the subsidized rate had been misappropriated and sold in black market, the First Information Report came to be registered. Learned counsel for the petitioner has submitted that the petitioner's shop has subsequently been inspected and no irregularity has been found by the Block Supply Officer in respect of maintenance of the stock inasmuch as no deficiency has been found.

Patna High Court CR. MISC. No.43581 of 2019(2) dt.16-07-2019 2/2 Considering the above submission, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 Chief Judicial Magistrate, Purnia in Barhara P.S. Case No. 33 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U