Patna High Court
Rajdeo Sah vs The State Of Bihar on 20 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31807 of 2020
Arising Out of PS. Case No.-16 Year-2020 Thana- SAHODARA District- West Champaran
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Rajdeo Sah, aged about 52 years (M), Son of Late Nandlal Sah, Resident of
Village- Jamuniya, P.S.- Sahodra, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the State : Mr. Md. Arif, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 20-02-2021
Heard Mr. Bashishtha Narayan Mishra, learned
counsel for the petitioner and Mr. Md. Arif, learned In-charge
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
2. The petitioner apprehends arrest in connection with
Sahodra PS Case No. 16 of 2020 dated 01.04.2020, instituted
under Sections 188/269/270/271 of the Indian Penal Code and 7
of the Essential Commodities Act, 1955.
3. The allegation against the petitioner is that he was
not maintaining social distancing at his shop and also not
displaying the price of materials.
4. Learned counsel for the petitioner submitted that he
runs a small kirana shop and not a PDS shop and there was no
Patna High Court CR. MISC. No.31807 of 2020 dt.20-02-2021
list or rate ever supplied by the District Administration to him
and, thus, there was no occasion for him to show any price-list.
It was further submitted that social distancing was being
maintained as no specific instance of any person either being
caught or fined has been shown which proves that the allegation
is frivolous. Learned counsel submitted that the petitioner has
no other criminal antecedent.
5. Learned APP submitted that the petitioner has not
acted with responsibility during the pandemic period.
6. 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 Chief Judicial Magistrate, Bettiah, District West
Champran in Sahodara PS Case No. 16 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, and (ii) that the petitioner shall
cooperate with the Court and the police/prosecution. Failure to
do so would lead to cancellation of his bail bonds.
Patna High Court CR. MISC. No.31807 of 2020 dt.20-02-2021
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
