Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56385 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- SONO District- Jamui ====================================================== Prakash Mandal Son Of Vaij Nath Mandal Resident Of Village- Lakhankiyari, P.S- Sono , Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Advocate Mr.Saket Tiwary, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 7 of the Essential Commodities Act. Allegation is that the petitioner did not distribute ration in March, 2020 and as per record 25.80 quintals rice and 17.20 quintals wheat were found missing.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner

Patna High Court CR. MISC. No.56385 of 2021(2) dt.04-04-2022 2/2 happens to be the P.D.S. dealer. The allegation is in respect of short supply of ration. Said allegation is denied by the petitioner. There is no shortage in the stock register of the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs.25,000/- (Rupees twenty five thousand) in the court below, which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner is directed to deposit an amount of Rs.25,000/- (Rupees twenty five thousand) in the court below, which shall be subject to the final disposal of the case. On doing so, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Sono P.S. case No.78/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T