Patna High CourtCR. MISC./72608/2024allowed

Harihar Ray @ Hrihar Ray v. The State Of Bihar

2024-10-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72608 of 2024 Arising Out of PS. Case No.-297 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Harihar Ray @ Hrihar Ray S/O Late Laddu Ray R/O Village- Sri Rampur, P.S- Raghopur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 7 of the Essential Commodities Act.

3. The case of the prosecution is that the petitioner is a PDS dealer and on inquiry, it was found that 13504 K.G. of wheat and 23841 K.G. of rice were missing in the store for which the license of the PDS dealer was cancelled.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that on 22 February, 2023, he has informed the department that he has not received the alleged food-grains. Petitioner has no criminal

Patna High Court CR. MISC. No.72608 of 2024(2) dt.08-10-2024 2/2 antecedent. Moreover, the petitioner is languishing in judicial custody since 24.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail but could not answer satisfactorily regarding the submission of the petitioner that he has not received the food-grains.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raghopur P.S. Case No. 297 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali.

(Ashok Kumar Pandey, J) Jagdish/- U