Ved Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55510 of 2019 Arising Out of PS. Case No.-528 Year-2019 Thana- DANAPUR District- Patna ====================================================== VED PRAKASH Son of Late Bhuali Ray Resident of Mohalla-JunaidpurNasriganj, P.S.-Danapur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigank Mauli with Mr.Vinay Mistry For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Danapur P.S. Case N0. 528 of 2019, disclosing offences under Section 7 of the Essential Commodities Act, 1955.

Based on a raid conducted by the Block Supply Officer, Danapur, leading to recovery of twenty bags of rice (weighing 7 quintals in total) from near Sarda Niwas, the First Information Report has been instituted. There are two PDS shops run in the said premises, one by coaccused Sheoji Choudhary and other by this petitioner. Allegedly some labourers, who were found engaged in loading of rice from the room of the premises, who were caught by the raiding team. Co-accused Sheoji Choudhary has been apprehended. It is alleged that Sheoji Choudhary did not produce the stock register when demanded by the informant. So far as the petitioner is concerned, it is alleged that he was initially present in his shop and had managed to sneak away.

Patna High Court CR. MISC. No.55510 of 2019(2) dt.03-09-2019 2/2 Learned counsel appearing on behalf of the petitioner has submitted that it is true that the petitioner is a PDS dealer but no offence can be said to be made out against him only on the basis that he was absent when the raid was conducted. In any event, he submits, the petitioner is ready to cooperate with the police in the investigation and shall appear before the Court as and when required.

Considering the facts and circumstances, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned ACJM-I, Danapur in Danapur P.S. Case No. 528 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U