Shila Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67119 of 2025 Arising Out of PS. Case No.-317 Year-2017 Thana- GARKHA District- Saran ======================================================

1. Shila Nath Singh, son of late Jagarnath Singh, resident of village Mohammadpur, P.S. Garkha, Distt. Saran.

2. Rupesh Kumar Singh @ Shambhu Nath Kumar, son of Sri Shila Nath Singh, resident of village Mohammadpur, P.S. Garkha, Distt. Saran. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, State Food Corporation, Saran at Chhapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate.

For the State :

Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Garkha P.S. Case No. 317 of 2017 dated 8.8.2017 registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

3. As per allegation, 180.49 quintal of rice has been misappropriated by the petitioners which was required to be supplied to the State Food Corporation.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.67119 of 2025(2) dt.17-09-2025 2/2 case. He further submits that they are ready to deposit the deficit amount of rice which they failed to deposit.

5. It is also stated in paragraph No. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph No.3 of the petition that the petitioner No. 1 has been made accused in two other cases whereas petitioner No. 2 has clean antecedent.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail submitting that this is a serious offence against the society. The rice collected through PACS is supplied to P.D.S. and by such type of offence, the whole P.D.S. system gets collapsed and the poor people suffer.

8. Considering the facts and circumstances of the case, I am not persuaded to enlarge the petitioners on anticipatory bail.

9. Accordingly, the prayer for anticipatory bail of the petitioners stands rejected.

(Jitendra Kumar, J) S.Ali/- U T