Sheodhari Prasad @ Sheodhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9312 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -FATEHPUR District- GAYA ======================================================

1. Sheodhari Prasad @ Sheodhari Yadav, S/o Bhagwat Prasad, resident of Village- Gopal Kera, P.S.- Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Fatehpur Case No. 187 of 2017 registered for offences punishable under Section 420 of the Indian Penal Code and Section 7 of the E.C. Act.

The case of the prosecution is that upon an inspection of the shop of the petitioner herein, who is said to be a P.D.S. dealer, the shop was found closed and upon enquiry it was found that the petitioner seldom opens his shop and the public at large are not getting the food grains etc.

The learned counsel for the petitioner submits that the allegations levelled by the informant is a bald allegation and in

Patna High Court Cr.Misc. No.9312 of 2018 (4) dt.05-04-2018 2/2 case it was found that the petitioner herein was not following the rules and regulations required to be followed by a P.D.S. dealer, the appropriate civil action could have been taken but no criminal action is warranted. The petitioner is said to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Gaya in connection with Fatehpur P.S. Case No. 187 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T