Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41976 of 2017 Arising Out of PS.Case No. -281 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Surendra Prasad son of late Kailash Prasad resident of village Rajpur, P.S. Kesariya, District East Champaran, Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kesariya P.S.Case No. 281 of 2015 registered under Section 7 of the Essential Commodities Act read with Sections 7(2), 7(3) and 10(3) of the Public Distribution Control Act, 2001. Regard being had to the allegation made in the FIR that the petitioner being a PDS dealer was found involved in black-marketing subsidized rice of Food Corporation of India, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the application preferred under Section 438 of the Code of Criminal Procedure is rejected.

In case the petitioner surrenders and seeks regular

Patna High Court Cr.Misc. No.41976 of 2017 (2) dt.21-09-2017 2/2 bail, the same shall be considered on its own merit without being prejudiced by the order of this Court.

(Ashwani Kumar Singh, J) Pradeep/- U T