Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86498 of 2024 Arising Out of PS. Case No.-527 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Manoj Kumar Sah S/O Late Jagarnath Sah @ Late Jagarnath Prasad Sah Resident Of Mohalla- Supaul Nagar Parishad, Ward No 10, Near Pani Tanki, P.S. And District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Dilip Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 Heard Mr. Nawal Kishore Singh, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.

3. As per FIR, the petitioner being a P.D.S. dealer misappropriated 329 quintal food-grains amounting to Rs. 11,71,877/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that due to illness of wife, the petitioner was unable to discharge his duties of P.D.S. dealer as such he

Patna High Court CR. MISC. No.86498 of 2024(2) dt.18-12-2024 2/3 himself requested the Block Supply Officer, Supaul to tag his P.D.S. shop with another P.D.S. shop of ward No. 13 which was accepted and as per the direction, he handed over the posh machine to the P.D.S. dealer of the ward No. 13. He submits that the S.D.O., Supaul vide its order contained in Memo No. 47 dated 19.01.2022 cancelled the P.D.S. license of the petitioner ex-parte only on the basis of the report of the Block Supply Officer, Supaul and also directed the Block Supply Officer, Supaul to lodge FIR. He submits that there is delay of about 2 years in lodging the FIR. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the delay in lodging the FIR, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Supaul P.S. Case No. 527 of 2024, subject to the condition as

Patna High Court CR. MISC. No.86498 of 2024(2) dt.18-12-2024 3/3 laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

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