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Patna High CourtCR. MISC./72379/2021bail granted

Sargun Das v. The State Of Bihar

2022-07-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72379 of 2021 Arising Out of PS. Case No.-476 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== SARGUN DAS S/o Jamuna Das R/o village- Singhachhapar M/S Sargun Khad Bhandar, P.S.- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 4, 5, 35(i)(a), 28(i)(a) of F.C.O. and 7(I)(A)(II) of the Essential Commodities Act. As per the prosecution case, in the shop of the petitioner, certain irregularities were found in the business stock register and sale register. Even the reading of P.O.S. machine and available stock was not consistent, and as such, fertilizer bags were seized from the shop and the shop was locked by the inspecting team.

It is submitted on behalf of petitioner that in absence of this petitioner, the inspecting team raided his shop and sealed the same and when the petitioner went to meet the informant and explained that there is no such irregularity and wanted to file show cause to this effect, the F.I.R. was lodged against him.

Patna High Court CR. MISC. No.72379 of 2021(2) dt.20-07-2022 2/2 It is further submitted that in the F.I.R., this is not clear as to what difference was found in the stock. Petitioner has not violated any rule or regulations.

However, learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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., Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 476 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T