Shankar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17013 of 2018 Arising Out of PS. Case No.-185 Year-2017 Thana- SANOKHAR District- Bhagalpur ====================================================== Shankar Prasad Yadav, son of Late Rajendra Yadav, resident of villageSilhan, Khajuriya, P.S. Sanokhar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Rabindra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Sanokhar P.S. Case No. 187 of 2017, registered for the offence punishable under Section 7 of Essential Commodities Act .

Allegedly, in the physical verification of the stock of P.D.S. shop of the petitioner 79 bags of wheat and 22 bags of rice were found in excess and it appears that the petitioner has stored the same with purpose to sale in the black market. Submission is of false implication and that he has been made victim of the hostile discrimination by the government officials. The license of the fair price was issued to the

Patna High Court Cr.Misc. No.17013 of 2018(2) dt.05-04-2018 2/2 petitioner before 40 years ago and since then he is running fair price shop without any complaint, not a single villager has come forward to raise any grievance against the petitioner. At the instance of local mukhiya who is inimical with the petitioner has got lodged this false case and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that no villager has come forward to say anything against the petitioner and further there is no allegation of shortage of the quantity and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Bhagalpur, in connection with Sanokhar P.S. Case No. 185 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T