Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62412 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== GANESH KUMAR Son of Late Kamleshwari Thakur Resident of MohallaHajipur (Khagaria), Ward No.-17, Khagaria Municipal Conucil, P.S. and District- Khagaria, 851204, Presently P.D.S. Dealer, Ward No.17, Khagaria Municipal Council, P.O. and P.S. and District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arghesh Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act.

Prosecution case is that the Block Supply Officer, Khagaria found some misappropriation in the PDS shop of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the physical verification of petitioner's shop it has been found that total 15 bags of wheat and about one bag loose wheat was found in the PDS shop of the petitioner,

Patna High Court CR. MISC. No.62412 of 2021(2) dt.18-05-2022 2/2 whereas 52 bags of rice was also found in his shop and the Block Supply Officer found shortage of 3 bags of wheat and excess of three bags of rice. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, 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 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Khagaria in connection with Khagaria P.S. Case No. 309 of 2020 (G.R. No.1203 of 2020), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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