Patna High Court - Orders
Gorelal Paswan vs The State Of Bihar on 9 October, 2020
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23953 of 2020
Arising Out of PS. Case No.-34 Year-2020 Thana- BEERPUR District- Begusarai
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GORELAL PASWAN S/O- Late Ramotar Paswan R/O Vill. -
Maidababhangama, P.S. - Beerpur, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Atul Chandra
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
2 09-10-2020The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic.
Heard the learned counsel for the petitioner and Sri Atul Chandra, the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Beerpur PS case no. 34 of 2020 registered for the offences punishable under Section 7 of Essential Commodities Act.
The allegation is regarding the villagers having caught a tempo with 19 bags of rice loaded on it and it is stated that the same was being taken for the purposes of black-marketing and belonged to the Fair Price Shop dealer of Maidababhangama, PS-Begusarai namely Gorelal Paswan i.e. Patna High Court CR. MISC. No.23953 of 2020(2) dt.09-10-2020 2/3 the petitioner herein.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner has got no complicity in the matter, nonetheless his P.D.S. licence has also been cancelled without giving any opportunity of hearing to him and moreover, the Block Supply Officer, upon inspection of the P.D.S. shop of the petitioner, had found 40 bags of rice and 20 bags of wheat intact in the shop of the petitioner as also no irregularity was found.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and the sacks of wheat and rice are stated to have been found intact in the shop of the petitioner, upon inspection by the Block Supply Officer after lodging of the FIR, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to Patna High Court CR. MISC. No.23953 of 2020(2) dt.09-10-2020 3/3 be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai in connection with Beerpur PS case no. 34 of 2020 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/-
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