Upendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70770 of 2024 Arising Out of PS. Case No.-149 Year-2024 Thana- BHARGAMA District- Araria ====================================================== Upendra Ram S/o Late Kishan Ram R/o Village- Naya Bhargama, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.

3.

As per prosecution case, this petitioner misappropriated 14,302 quintals of wheat and 23,520 quintals of rice by selling them in the black market via ePOS system.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner was a PDS dealer of Gram Panchayat Naya Bhargama, Araria and he has not contravened any provision of control order. Lastly, he submits that his PDS license has already been cancelled on 06.02.2024 vide Memo No. 70 by Sub-Divisional Officer, Araria. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.70770 of 2024(3) dt.09-01-2025 2/2

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the fact that PDS license of the petitioner has already been cancelled and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight 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 Sub-Divisional Judicial Magistrate, Araria in connection with Bhargama P. S. Case No. 149 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T