Saurav Kumar @ Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5643 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Saurav Kumar @ Sourav Kumar, son of Ashok Singh, resident of Village - Mataso, P.S.- Fatehpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 188, 406, 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

It is alleged against the petitioner that the

Patna High Court CR. MISC. No.5643 of 2021(2) dt.01-12-2021 2/3 petitioner being PDS dealer has distributed the kerosene oil to the consumers after obtaining thumb impression which was to be distributed through e-POS machine. The petitioner has also obtained forged signatures of the consumers and supplied less foodgrains to the consumers namely Sanjay Mistry and Guddu Sharma under Antodaya Yojana.

It is submitted by learned counsel for the petitioner that the petitioner has supplied kerosene oil to the consumers after obtaining LTI on the e-POS machine. It is further submitted that members of Ward No. 12 has filed an application before the S.D.O to the effect that petitioner has properly distributed the foodgrains amongst the consumers. Moreover, the PDS license of the petitioner has already been suspended. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.5643 of 2021(2) dt.01-12-2021 3/3 furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIII, Gaya in connection with Fatehpur P.S. Case No. 77 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T