Binod Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48254 of 2017 Arising Out of PS.Case No. -188 Year- 2017 Thana -FATEHPUR District- GAYA ======================================================

1. Binod Kumar Pandey son of Late Harihar Pandey, resident of VillagePaharpur, P.S. Fatehpur, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Fathepur P.S. Case No. 188 of 2017 instituted for the offence under Section-420 of the Indian Penal Code and 7 of Essential Commodities Act. The petitioner is a PDS dealer. There is no previous complaint against him In the written report, it is alleged that an inquiry was conducted in the PDS shop of the petitioner. The petitioner was not present in the shop. It is said that the stock register and sale register was not produced. List of beneficiaries was not given. It is further mentioned in the written report that during course of physical verification, 67 bags each containing 50 kg. wheat and 101 bags rice was found in the shop but due to non-production of stock register it was not compared by the member of the team. As such, there is general and

Patna High Court Cr.Misc. No.48254 of 2017 (3) dt.06-11-2017 omnibus allegation against the petitioner.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Fathepur P.S. Case No. 188 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateX, Gaya subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V.