Kailash Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51850 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -PARAIYA District- GAYA ======================================================

1. Kailash Ram, S/o Late Ramchandra Ram, R/o Village- Sarvodaynagar, P.S.- Paraiya, District- Gaya. (Licence No.01/94).

2. Rajesh Kumar, S/o Rampati Singh, R/o Village- Manjhiyamava, Manjhiawan, P.S.- Paraiya, District- Gaya (Licence No.2/11). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 07-11-2017 At the very outset, learned counsel for the petitioners submits that the petitioner no.1 Kailash Ram has already been apprehended by the police in the case and seeks permission to withdraw this application in respect of the petitioner no.1 Kailash Ram.

Permission is accorded.

This application in respect of the petitioner no.1 Kailash Ram is dismissed as withdrawn.

Now, only the prayer of the petitioner no.2 Rajesh Kumar for grant of anticipatory bail is being considered. Heard.

Patna High Court Cr.Misc. No.51850 of 2017 (2) dt.07-11-2017 2/3 The petitioner no.2 Rajesh Kumar apprehends his arrest in connection with Paraiya P.S. Case No.89 of 2017 registered under Section 7 of the E.C. Act.

The accusation is that on the order of the S.D.M. Tikari, nine Fair Price Shops including the Fair Price Shop of the petitioner no.2 Rajesh Kumar were inspected and the statements of the consumers were recorded. Accordingly, several illegalities were found in running the Fair Price Shops.

Learned counsel appearing on behalf of the petitioner no.2 Rajesh Kumar submits that the petitioner no.2 Rajesh Kumar is also the Chairman of the PACS in addition to the Fair Price Shop owner. In fact, the informant did not inspect the Fair Price Shop of this petitioner rather he inspected his PACS Godown, which was found closed at the time of inspection but due to misunderstanding, the name of this petitioner has also been inserted in the F.I.R. with the allegation that his Fair Price Shop was found closed at the time of inspection.

Having considered the facts and the circumstances of the case, let the petitioner no.2 Rajesh Kumar, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.51850 of 2017 (2) dt.07-11-2017 3/3 satisfaction of the Judicial Magistrate, First Class, Gaya, in connection with Pariaya P.S. Case No.89 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T