Pawan Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7172 of 2017 Arising Out of PS.Case No. -417 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Pawan Kumar Thakur, Son of Late Anjani Nandan Thakur, resident of village - Gorgama, P.S. Patori, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Advocate Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Sri Mukeshwar Dayal (APP-37) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Patori P.S. Case No. 417 of 2016, registered for the offences punishable under Sections 420/467 of the Indian Penal Code and Section 7 of the E.C. Act.

Allegedly, the petitioner being P.D.S. dealer did not supply materials for the month of June, July and after forging the signature and thumb impression has shown distribution of the articles, resulting, the informant including 84 consumers filed application before Marketing Officer, but nothing was done then S.D.O. was informed and ultimately Complaint Case No. 96 of 2016 was filed before Public Grievances Redressal Officer, Patory, and there the petitioner was found guilty and proposal was given to punish the petitioner. The petitioner used to cause threats also to the informant and others.

Patna High Court Cr.Misc. No.7172 of 2017 (2) dt.28-02-2017 2/2 Submission is of false implication and that from the informant there is old enmities going on, proceeding under Section 107 Cr.P.C. and criminal case was also going on. Block Supply Officer, Patory has inquired the matter and has found the allegation false and accordingly, he has written to S.D.O. Patory. The petitioner is aged about 70 years having no criminal antecedent, he is P.D.S. dealer from 40 years and no complaint has been received against the petitioner 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 the age of the petitioner and further the report of Block Supply Officer, 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 S.D.J.M., Samastipur, in connection with Patori P.S. Case No. 417 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Rajiv/- U T