Pramod Kumar Singh v. The State Of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr.Awadhesh Kumar Mr.Parmeshwar Mehta 2 25-07-2022 Heard both parties. The petitioner apprehends his arrest in Doriganj P.S. Case No. 196 of 2021, registered for the offences punishable under Section 7 of the Essential Commodities Act. As per the prosecution case, this petitioner being PDS dealer was found indulged in black-marketing, hoarding and profiteering by providing lesser quantity of food grains to the consumers and also providing Kerosene oil at higher price than what has been fixed by the government. The stock of food grains which was available in the stock was seized. It is submitted that inspection was conducted in the absence of petitioner and at that time he was not present at the godown and the seizure list bear the signature of persons of different village which is in violation of Section 100(4) of the Patna High Court CR. MISC. No.1078 of 2022(2) dt.25-07-2022 Cr.P.C. Further submitted that on the alleged date and time of inspection, 92 KG of wheat and 10 quintals of 20 KG of rice was available in the PDS shop under the Antyodaya Ann Yojana while 5 quintals 5 KG of wheat and 52 quintals 86 KG of rice, under the priority House hold was available in the stock. Besides, 11 quintals of wheat and 63 quintals 54 KG of rice was available in the stock, under the Pradhan Mantri Garib Kalyan Anna Yojna, thus, the food grains available in the stock of PDS shop of the petitioner was same with the stock register maintained by the authorities. Petitioner claims clean antecedent. Counsel for the State opposed the prayer for bail. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T