Hari Narayan Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54370 of 2022 Arising Out of PS. Case No.-112 Year-2020 Thana- KARJAIN District- Supaul ====================================================== HARI NARAYAN MEHTA S/o Late Hitlal Mehta Resident of VillageDumari Baisi, P.S.- Karjain, Distt- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard Mr. Naresh Kumar Mehta, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act, 1955.

3. Allegedly, on search, 18 bags of wheat and rice have been recovered from three wheeler vehicle and during the period of inquiry by the informant, driver of the aforesaid vehicle disclosed that the seized government food was given to him by this petitioner, who is P.D.S. dealer.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.54370 of 2022(5) dt.08-01-2024 2/2 allegation levelled against the petitioner is totally false and based on concocted facts. He was not involved in black marketing of the government food. The P.D.S. shop of the petitioner was inspected, but no shortage has been found in the government food at his shop. It is further submitted that the license of the petitioner has also been suspended. He has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as no shortage has been found in the government food at the shop of the petitioner, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Karjain P.S. Case No. 112 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T