Awadh Kishor Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68145 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== AWADH KISHOR PRASAD S/o Late Ram Awatar Prasad R/o VillageHathvra, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-05-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hussainganj P.S. Case No. 100 of 2020 for the offence registered under Sections 419 and 420 of the Indian Penal Code and Section 7 of the E.C. Act.

The allegation is regarding a raid having been conducted in the P.D.S. shop of the petitioner whereupon shortage of food grains was found, after the same was verified from the E.Pos machine.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 27.09.2021. The learned counsel for the

Patna High Court CR. MISC. No.68145 of 2021(2) dt.05-05-2022 2/2 petitioner has further submitted that the petitioner has not engaged in black marketing of food grains but on account of non-supply of electricity, the E.Pos machine was not functional, hence the discrepancy in the stock.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 S.D.J.M., Siwan in connection with Hussainganj P.S. Case No. 100 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T