Raghunath Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9435 of 2018 Arising Out of PS. Case No.-126 Year-2017 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Raghunath Chaudhary, Son of late Balbodh Chaudhary, Resident of VillageSrirampur, P.S- Ashok Paper Mills, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioner and learned APP for the State.

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

The prosecution case got initiated on the basis of written report dated 18.11.2017 submitted by the Block Supply Officer, Hayaghat to the Station House Officer, APM (Ashok Paper Mills) Police Station to the effect that on 18.11.2017 at 11.45 A.M., the informant inspected the PDS dealership of the petitioner and found several irregularities, such as; notice board was not found up-dated. The petitioner lifted 46 bags wheat and 101 bags rice in the month of October, 2017, but the same was

Patna High Court Cr.Misc. No.9435 of 2018(2) dt.17-02-2018 2/3 not found in order and the petitioner did not produce the stock register and distribution register when it was demanded. Statement of eight customers were recorded, who complained about irregularities being committed by the petitioner. It is submitted by learned counsel for the petitioner that in fact no irregularity found in the stock register and distribution register, but maliciously frivolous FIR has been lodged and the dealership of the petitioner has been put under suspension. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by Mr. J. N. Thakur learned APP for the State that the petitioner is named in the FIR.

Considering the nature of accusation and the fact that dealership of the petitioner has already been put under suspension, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Darbhanga in connection with A.P.M.

Patna High Court Cr.Misc. No.9435 of 2018(2) dt.17-02-2018 3/3 Mills) P.S. Case No.126 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T