Manoj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46570 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- MASHRAK District- Saran ====================================================== MANOJ PRASAD Son of Late Narayan Sah Resident of Village- Masharak, P.S.- Masharak, District- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Section 7 of the Essential Commodities Act. On the tip off about illegal storage of the PDS rice in the house of the petitioner by PDS dealer namely Rameshwar Singh, informant raided the house of the petitioner and seized 6.5 quintals of rice stuffed in the gunny bag of FCI. It is submitted by learned counsel for the petitioner that the petitioner runs the business of rice and has kept the rice in his house in connection with the aforesaid business. Said rice is not PDS rice. He has no concern with the said Rameshwar Singh. Informant has not searched and checked the shortage of

Patna High Court CR. MISC. No.46570 of 2019(3) dt.18-10-2019 2/2 rice in the PDS shop of said Rameshwar Singh. Moreover petitioner happens to be private person and not the PDS dealer, hence he cannot be prosecuted under Essential Commodities Act. Gunny bag of FCI is available in the open market. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Saran at Chapra in connection with Masharak P.S. Case No. 115 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T