Ramashrya Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51835 of 2015 Arising Out of PS.Case No. -268 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramashrya Prasad son of Budhan Rai, resident of village- Math Lohiyar Ahir Toli, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Ms. Nirmala Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Harsidhi P. S. Case No. 268 of 2015 registered under Section 7 of the Essential Commodities Act.

It is contended that the petitioner is a licensee PDS shop of Gram Panchayat Raj Math Lohiyar. He has been running the PDS shop for last seven years. Neither the consumers nor any people's representative including Mukhia, Pramukh and Ward Member have made any complaint regarding non-distribution of food grains, K. oil, etc. On the alleged date of inspection, the petitioner was not present in his village and had gone to Motihari for treatment of his ailing father.

Patna High Court Cr.Misc. No.51835 of 2015 (2) dt.09-11-2015 2/2 Learned counsel for the State has opposed the application filed on behalf of the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sadar, Motihari in Harsidhi P. S. Case No. 268 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T