Mohar Lal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2462 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -AMNAUR District- SARAN ====================================================== Mohar Lal Singh, son of Late Moti Lal Singh, resident of VillageHussepur, Dabra, P.S.- Amnour, District- Saran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 27-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Amnour P.S. Case No.80 of 2016 registered under Sections 409 and 420 of the Indian Penal Code besides Section 7 of the Essential Commodities Act, pending in the court of the Sub Divisional Judicial Magistrate, Saran at Chapra. The accusation is that the informant being the Block Supply Officer, Amnour, received information about presence of 100 consumers at the Fair Price Shop of Mohar Lal Singh (petitioner) in village-Hussepur, Dabra, but the grains are not being provided to them. Thereafter, the informant went there and

Patna High Court Cr.Misc. No.2462 of 2017 (4) dt.27-03-2017 2/3 saw that there were 150 consumers present at the Fair Price Shop of the petitioner. While the petitioner was not present in his Fair Price Shop but his son Prashant Kumar was present there, who informed that his father had gone to the house with the stock register and sale register. On verification of the Fair Price Shop of the petitioner, 42 packets, each containing 50 kilograms rice, and 22 packets, each containing 50 kilograms wheat, were found in the stock while the ratio of the wheat and rice in the stock was to be 1: 1.5, which clearly shows about black marketing of the wheat by the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner, who is Fair Price Shop Dealer, under the Public Distribution System, has falsely been implicated in this case with an ulterior motive without verifying the stock of the shop with the stock register.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance

Patna High Court Cr.Misc. No.2462 of 2017 (4) dt.27-03-2017 3/3 with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T