Patna High Court - Orders
Kameshwar Yadav vs The State Of Bihar on 1 May, 2023
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61163 of 2022
Arising Out of PS. Case No.-131 Year-2022 Thana- CHANDRADIP District- Jamui
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KAMESHWAR YADAV S/o Late Ragho Yadav R/o Vill- Itabandh, Hilsa
P.S.- Chandredeep Distt- Jamuai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Anuj Kumar
For the Opposite Party/s : Mr. Parmeshwar Mehta
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 01-05-2023Heard the parties.
The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 406, 420 of the Indian Penal Code and 7 of the EC Act.
As per the prosecution case, the PDS shop of the petitioner was inspected and the S.D.O found shortage of 103.10 quintals of rice and 60.36 quintals of wheat. The petitioner did not produced the certificate of weight and measurement, and distribution of food grains was not being made by electronic weighing machine. It is alleged that the petitioner did not produced the stock and distribution registers of kerosene, and also not produced the inspection register.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the Patna High Court CR. MISC. No.61163 of 2022(2) dt.01-05-2023 2/2 manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is a PDS shop dealer and none of the customers have made any complaints against him. He further submits that the license of the shop of the petitioner has already been cancelled by the concerned authorities. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Chandradip P.S. Case No.131 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/-
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