Gulab Chand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6023 of 2023 Arising Out of PS. Case No.-27 Year-2022 Thana- KURSAKANTA District- Araria ====================================================== Gulab Chand Ram Son Of Late Jhabru Ram Resident Of Birban, P.S.- Chikanighat, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarandha Suman For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

The allegation against the petitioner is that he has not distributed 166.92 quintals of wheat and 317.40 quintals of rice among the beneficiaries and violating the provisions of Bihar Targeted Public Distribution System after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal

Patna High Court CR. MISC. No.6023 of 2023(2) dt.01-05-2023 2/2 antecedent. The POS machine was not working properly and therefore the disbursement of food grains was done without taking thumb impressions of the beneficiaries and due to disorder of the POS machine the shortage of food grains was shown. It is further submitted that during course of investigation no any beneficiaries have ever complained of non-disbursement of wheat and rice. The petitioner is languishing in judicial custody since 05.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kursakanta P.S. Case No. 27 of 2022 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., Araria.

(Sunil Kumar Panwar, J) Manish/- U T