Srishti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74265 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- DHARHARA District- Munger ====================================================== SRISHTI W/O Deepak Kumar R/O- Village- Pachrukhi, P.O- Itwa, P.SDharahra, District- Munger, Pincode- 811212 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ambrish Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dharhara P.S. Case No. 48 of 2022 dated 19.03.2022 registered for the offence under Sections 188, 353, 504, 506 and 34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

The petitioner being a PDS dealer is alleged to have been found engaged collecting extra money for distributing the commodities comes under the PDS.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He

Patna High Court CR. MISC. No.74265 of 2022(2) dt.13-04-2023 2/3 further submits that the petitioner is a PDS dealer and the allegation against his is that he was selling te kerosene oil for Rs. 60 per liter instead of presecribed rate of Rs. 56.11/- per liter. He further submits that the petitioner was not present at the time of inspection. He further submits that the allegation leveled in the F.I.R. is false and fabricated and no one has come forward to support the prosecution. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 22.11.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released 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 S.D.J.M., Munger in connection with Dharhara P.S. Case No. 48 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.74265 of 2022(2) dt.13-04-2023 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T