Patna High Court
Md. Shahabuddin Ansari @ Shahabuddin ... vs The State Of Bihar on 24 May, 2021
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34665 of 2020
Arising Out of PS. Case No.-114 Year-2020 Thana- SHAHKUND District- Bhagalpur
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Md. Shahabuddin Ansari @ Shahabuddin Ansari (Male), aged about 65 years,
son of Asruddin Ansari, resident of Village- Radhanagar, Police Station-
Shahkund (Sajour), District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vikram Deo Singh, Advocate
For the State : Mr. Atul Chandra, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 24-05-2021 The matter has been heard via video conferencing.
2. Heard Mr. Vikram Deo Singh, learned counsel for the petitioner and Mr. Atul Chandra, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner apprehends arrest in connection with Shahkund (Sajour) PS Case No. 114 of 2020 dated 06.06.2020, instituted under Section 7 of the Essential Commodities Act, 1955.
4. The allegation against the petitioner is that two quintals of rice were caught from one Ramdhari Sao and he disclosed that he had taken it from the petitioner's PDS shop.
5. Learned counsel for the petitioner submitted that the allegation is absolutely false and fabricated and he has been Patna High Court CR. MISC. No.34665 of 2020 dt.24-05-2021 2/4 framed. It was submitted that first and foremost, no enquiry was made, much less any show cause given to the petitioner to explain as to whether the rice was from his shop. It was submitted that in the FIR itself, it was written that for the month of May, 2020, 25.75 quintals of food grains was allotted and provided to the shop of the petitioner and when the incident occurred, the Block Supply Officer, who is also the informant of the case, on the same day, has transferred the entire 25.75 quintals of food grains to another PDS shop for the beneficiaries to take the materials from that place. It was submitted that the same Officer has lodged FIR against the petitioner on the one hand and on the other hand, on the same day, he has found the entire amount of food grains in the shop of the petitioner, which has now been given to another person. Learned counsel submitted that this is a clear case of highhandedness where the petitioner in spite of being innocent, his license has been suspended and his beneficiaries have been transferred and attached to another PDS dealer. It was submitted that the petitioner is running the PDS shop since long without any complaint in the past and is aged about 65 years and has no criminal antecedent.
6. Learned APP fairly submitted that in view of the Patna High Court CR. MISC. No.34665 of 2020 dt.24-05-2021 3/4 fact that the Block Supply Officer, who is the informant, has lodged the FIR in which it is alleged that the person from whom two quintals of rice were seized had taken the name of the shop of petitioner from where he had got it, whereas, on the same day the food grains, which were transferred from the shop of the petitioner by the informant himself, actually amounted to 25.75 quintals and there was no shortage of food grains.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-2, Bhagalpur, in Shahkund (Sajour) PS Case No. 114 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the bailors shall be a close relative of the petitioner,
(ii) that the petitioner shall cooperate with the Court and the police/prosecution. Failure to cooperate shall lead to cancellation of his bail bonds.
8. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the Patna High Court CR. MISC. No.34665 of 2020 dt.24-05-2021 4/4 petitioner, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner.
9. The application stands disposed off in the aforementioned terms.
(Ahsanuddin Amanullah, J) J. Alam/-
AFR/NAFR U T