Jai Shankar Ram vs The State Of Bihar
2021 Latest Caselaw 2735 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 31870 of 2020
   Arising Out of PS Case No.-188 Year-2020 Thana- MOTIHARI MUFASIL District- East
                                       Champaran
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Jai Shankar Ram, Male, aged about 46 years, Son of Late Ganesh Ram, Resident of Villaged - Gachhpura, PS - Motihari Muffasil, District - East Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anis Akhtar, Advocate For the State : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Anis Akhtar, learned counsel for the

petitioner and Ms. Anita Kumari Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Motihari Muffasil PS Case No. 188 of 2020 dated 03.05.2020,

instituted under Section 7 of the Essential Commodities Act,1955.

4. The allegation against the petitioner is that the

foodgrains received by him for his PDS shop was not distributed Patna High Court CR. MISC. No.31870 of 2020 dt.28-06-2021

to the beneficiaries and on 28.04.2020, when the shop was

inspected, it was found to be closed.

5. Learned counsel for the petitioner submitted that the

foodgrains were received by him on 19.04.2020, but due to death

of his mother on 13.04.2020, as he was busy in the Shrad

ceremony, the date for distribution was fixed for 28.04.2020 but

some disturbance was caused by anti-social elements due to which

he had to lock up his shop and run away and thereafter, he filed an

application for attaching the beneficiaries of his shop with another

PDS dealer for which application was made to the authorities on

30.04.2020. It was submitted that his request was accepted and for

three months, the beneficiaries of his shop were attached to the

neighboring PDS dealer. It was submitted that 148 bags of rice

have been found from the petitioner's shop which shows that there

was no black marketing. It was submitted that besides the

petitioner having no criminal antecedent, in the past also, no

complaint has been made against him by any of his beneficiaries.

6. Learned APP, from the case diary, submitted that the

shop was sealed, but pursuant to the order of the Court when it

was opened on 13.03.2021, 148 bags of rice have been recovered.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the Patna High Court CR. MISC. No.31870 of 2020 dt.28-06-2021

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, Motihari, East Champaran in

Motihari Muffasil PS Case No. 188 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 and the

bailors shall execute bond with regard to good behaviour of the

petitioner, (iii) that the petitioner shall also give an undertaking to

the Court that he shall not indulge in any illegal/criminal activity,

act in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses and (iv) that the petitioner

shall co-operate with the Court and police/prosecution. Any

violation of the terms and conditions of the bonds or the

undertaking or non-cooperation 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 petitioner, to

the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.31870 of 2020 dt.28-06-2021

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.)

P. Kumar

AFR/NAFR U T