Anil Kumar Gaurh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.917 of 2023 Arising Out of PS. Case No.-441 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== ANIL KUMAR GAURH Son of Late Nand Kishore Prasad Resident of - Sanjay Gandhi Nagar, Road No.- 1, Hanuman Nagar, P.S.- Patrakar Nagar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Swastika, Advocate Mr. Rajesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodity Act..

The allegation against the petitioner is that during course of inspection of PDS shop of the petitioner the closing balance and the available food grain quantity was found to be less.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.917 of 2023(2) dt.02-05-2023 2/2 motive of officer. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner has been made accused in this case on his refusal to cough up the demand of graft made by the authority. It is further submitted that the PDS licence of the petitioner has been cancelled. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Patrkar Nagar P.S. Case No. 441 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T