Kamal Kishore Mishra @ Kamal Kishore Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86352 of 2019 Arising Out of PS. Case No.-304 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Kamal Kishore Mishra @ Kamal Kishore Jha, S/o Late Jaygovind Mishra, R/o village- Murlichandwa, P.S.- Udakishunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Uda-Kishunganj P.S. Case No.304 of 2019, registered, for the offence punishable under Section 7 of Essential Commodity Act.

The allegation against the petitioner as per first information report lodged by Block Supply Officer, UdaKishunganj is that the informant raided near the house of one PDS dealer, i.e., the petitioner and found 40 bags of subsidised rice at the door of one Ashok Jha, who is a neighbour of the petitioner and upon enquiry being made, petitioner accepted that the said 40 bags belongs to him. It has further been alleged that

Patna High Court CR. MISC. No.86352 of 2019(2) dt.28-02-2020 2/3 when the PDS shop of the informant was inspected, the informant found stock register and stock godown in order. Mr. Shardanand Mishra, learned counsel appearing for the petitioner submits that petitioner has not committed any offence in the manner alleged. Learned counsel further submits that from perusal of the first information report, it would be evident that stock register and godown of the PDS dealer was found in order by the informant. Learned counsel further submits hat the subsidized rice was found near the house of one Ashok Jha and referring to para 10 and 12 of the application submits that the rice recovered from the door of Ashok Jha does not belong to the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that stock register and godown of the PDS shop of the petitioner was inspected by the informant and was found in order, I am inclined to grant anticipatory bail to the the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.86352 of 2019(2) dt.28-02-2020 3/3 sureties of the like amount each to the satisfaction of learned S.D.J.M., Uda-Kishunganj, Distt-Madhepura, in connection with Uda-Kishunganj P.S. Case No.304 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T