Shyam Nandan Manjhi v. The State Of Bihar

Patna High Court Cr.Misc. No.14630 of 2017 (4) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14630 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -BODHGAYA District- GAYA ====================================================== Shyam Nandan Manjhi, Son of Late Bandhu Manjhi, Resident of VillageNamapurvi, Village Panchayat- Gafa Khurd, Police Station- Bodh Gaya, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Advocate. For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bodh Gaya P.S. Case No. 24 of 2017, registered under Section 7 of the Essential Commodities Act.

The accusation is that the petitioner being P.D.S. dealer received 3.50 quintals wheat and 5.25 quintals rice under Antodaya scheme whereas 26.74 quintals wheat and 40.11 quintals rice under PHH scheme but only 10.50 quintals rice and 12.50 quintals wheat were found in the stock registered at the time of inspection.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.14630 of 2017 (4) dt.07-07-2017 petitioner has falsely been implicated in this case due to ulterior motive as he was not available at the time of inspection of the shop and without issuing any show cause as required under the Rules and Regulation meant for the P.D.S dealer the present case has been lodge. Further submission is that petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 Chief Judicial Magistrate, Gaya, in connection with Bodh Gaya P.S. Case No. 24 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T