Lakshaman Sah @ Laxman Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60475 of 2024 Arising Out of PS. Case No.-249 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Lakshaman Sah @ Laxman Sah Son of Sahdev Sah Resident of Village - Vishwanathpur, P.S. - Dumra, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal, Sr.Adv.
Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Section 7 of the Essential Commodities Act.
3. Allegation against petitioner is that he, being P.D.S. Dealer, misappropriated the food-grains of October, 2023, which was meant for distribution among the beneficiaries.
4. Learned counsel for the petitioner submits that P.D.S. shop of petitioner was inspected online on 13.10.2023 and no physical verification was done and only on the basis of online inspection, F.I.R. has been lodged. Learned counsel further submits that online inspection was done on 13.10.2023, but F.I.R. has been lodged on 08.06.2024 i.e. after lapse of about eight months. Moreover, the license of the petitioner has already been cancelled.
Patna High Court CR. MISC. No.60475 of 2024(2) dt.12-09-2024 2/2
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged 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 C.J.M., Sitamarhi in connection with Dumra P.S. Case No. 249 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T