Sanjeet Kumar v. The State of Bihar
Case at a glance
- Bench
- PRABHAT KUMAR SINGH
Provisions considered
- Essential Commodities Act s. 7
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 66. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
- Para 77. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the Patna High Court…
Judgment
====================================================== Appearance : For the Petitioner For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr. Shankar Kishore Shahi, Advocate Mr. Parmeshwar Mehta, APP : : 6 12-08-2024 Heard learned counsels for the parties.
The petitioner apprehends his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act.
As per prosecution case, on 21.09.2023, the S.D.O., Pakridayal, inspected the PDS shop of this petitioner and during physical verification of grain godown, no food grains were found, however, the POS machine was showing availability of 121 quintal wheat and 251.25 quintal rice, which shows that this petitioner is involved in black marketing of food grains.
Learned counsel appearing on behalf of the petitioner denies the prosecution case and submits that on the alleged date of inspection, this petitioner fell ill due to chest Patna High Court CR. MISC. No.7374 of 2024(6) dt.12-08-2024 pain and was under treatment and in his absence and without proper verification, the inspection was done. As a matter of fact, the petitioner used to distribute the essential commodities as per scheduled quantity among the consumers and no consumer has made any complaint against the petitioner regarding irregularities in the distribution of food grains or POS machine and only on suspicion, he has been made accused of black marketing the food grains. Moreover, during pendency of this case, the P.D.S. License of the petitioner has already been cancelled by order dated 29.02.2024 passed by the S.D.O., Pakridayal. No offence under Section 7 of the Essential Commodities Act is made out against this petitioner. Petitioner claims clean antecedent.
Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.
Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.7374 of 2024(6) dt.12-08-2024 satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Phenahara P.S. Case No. 140 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. shashank/- U T (Prabhat Kumar Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.