Patna High Court - Orders
Ajay Paswan vs The State Of Bihar on 9 October, 2020
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23647 of 2020
Arising Out of PS. Case No.-6 Year-2020 Thana- DANIYAWAN District- Patna
======================================================
AJAY PASWAN S/o Lakhan Paswan Resident of Nagar Parishad Fatuha,
Ward No.15, P.S.- Daniyawan, Distt- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.N.K. Aggarwal, Sr. Advocate
Mr.Nirbhay Prashant,Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 09-10-2020Learned counsel for the petitioner undertakes to remove all the defects pointed out by Stamp Report within four weeks after start of normal functioning of the Court.
Heard learned Senior Counsel for the petitioner and Mr. Uday Pratap Singh, learned APP for the State.
The petitioner in the present case is seeking pre-arrest bail in connection with Daniyawan P.S. Case No. 06 of 2020 registered for the offences punishable under Sections 406, 420 of the Indian Penal Code and 7 E.C. Act.
Learned Senior Counsel for the petitioner submits that the inspection of the public distribution shop had taken place on 04.10.2019 whereas the FIR in question has been lodged on 14.01.2020 alleging that there was a shortage of stock in respect of wheat whereas there was an excess stock of rice in the shop. Patna High Court CR. MISC. No.23647 of 2020(2) dt.09-10-2020 2/3 Learned Senior Counsel further submits that for the alleged shortage and surplus of rice found in course of inspection a proceeding had been initiated under the Bihar Targeted Public Distribution System (Control) Order, 2016 and the licence of the petitioner has been cancelled.
Learned APP for the State has though opposed the prayer for anticipatory bail of the petitioner but considering the facts and circumstances of the case and that the appropriate proceeding under the relevant statutory provision has already been taken against the petitioner, let the petitioner above-named in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing of bail bonds of Rs. 25,000/- (Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna City in connection with Daniyawan P.S. Case No. 06 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any Patna High Court CR. MISC. No.23647 of 2020(2) dt.09-10-2020 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.
This application is allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/-
U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.