Rajendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58555 of 2021 Arising Out of PS. Case No.-153 Year-2021 Thana- PALASI District- Araria ====================================================== Rajendra Chaudhary S/O Sri Tinkori Chaudhary R/O Village-Baugama Ward No.7, P.S-Palasi, District-Araria, Proprietor Of M/S Krishi Vikas Kendra, Balua Kaliaganj, Palasi, Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivam, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and the State through virtual mode.

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 Palasi P.S. Case No. 153 of 2021 registered under Section 7 of E.C. Act. Allegedly, the petitioner did not use to give cash memo and there was shortage of 2 bags of urea in shop of the petitioner. The stock register was also not being maintained properly by the petitioner.

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 in the present case due to mistake of fact. As

Patna High Court CR. MISC. No.58555 of 2021(2) dt.01-04-2022 2/2 per allegation, there was a deficit in the stock register where two bags of urea were found short. On behalf of the petitioner, it is submitted that it is a matter of wrong calculation. The petitioner, however, submits that the petitioner is ready to deposit an amount of Rs. 15,000/- in the court below which shall be subject to final outcome 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 aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 15,000/- in the court below which shall be subject to final outcome of the case. On doing so, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria in connection with Palasi P.S. Case No. 153 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T