Patna High Court
Md. Shahabuddin Ansari @ ... vs The State Of Bihar on 24 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34665 of 2020
Arising Out of PS. Case No.-114 Year-2020 Thana- SHAHKUND District- Bhagalpur
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Md. Shahabuddin Ansari @ Shahabuddin Ansari (Male), aged about 65 years,
son of Asruddin Ansari, resident of Village- Radhanagar, Police Station-
Shahkund (Sajour), District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vikram Deo Singh, Advocate
For the State : Mr. Atul Chandra, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 24-05-2021
The matter has been heard via video conferencing.
2. Heard Mr. Vikram Deo Singh, learned counsel for
the petitioner and Mr. Atul Chandra, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner apprehends arrest in connection with
Shahkund (Sajour) PS Case No. 114 of 2020 dated 06.06.2020,
instituted under Section 7 of the Essential Commodities Act,
1955.
4. The allegation against the petitioner is that two
quintals of rice were caught from one Ramdhari Sao and he
disclosed that he had taken it from the petitioner's PDS shop.
5. Learned counsel for the petitioner submitted that
the allegation is absolutely false and fabricated and he has been
Patna High Court CR. MISC. No.34665 of 2020 dt.24-05-2021
framed. It was submitted that first and foremost, no enquiry was
made, much less any show cause given to the petitioner to
explain as to whether the rice was from his shop. It was
submitted that in the FIR itself, it was written that for the month
of May, 2020, 25.75 quintals of food grains was allotted and
provided to the shop of the petitioner and when the incident
occurred, the Block Supply Officer, who is also the informant of
the case, on the same day, has transferred the entire 25.75
quintals of food grains to another PDS shop for the beneficiaries
to take the materials from that place. It was submitted that the
same Officer has lodged FIR against the petitioner on the one
hand and on the other hand, on the same day, he has found the
entire amount of food grains in the shop of the petitioner, which
has now been given to another person. Learned counsel
submitted that this is a clear case of highhandedness where the
petitioner in spite of being innocent, his license has been
suspended and his beneficiaries have been transferred and
attached to another PDS dealer. It was submitted that the
petitioner is running the PDS shop since long without any
complaint in the past and is aged about 65 years and has no
criminal antecedent.
6. Learned APP fairly submitted that in view of the
Patna High Court CR. MISC. No.34665 of 2020 dt.24-05-2021
fact that the Block Supply Officer, who is the informant, has
lodged the FIR in which it is alleged that the person from whom
two quintals of rice were seized had taken the name of the shop
of petitioner from where he had got it, whereas, on the same day
the food grains, which were transferred from the shop of the
petitioner by the informant himself, actually amounted to 25.75
quintals and there was no shortage of food grains.
7. 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 ACJM-2, Bhagalpur, in Shahkund (Sajour) PS Case
No. 114 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 shall cooperate with the Court and the
police/prosecution. Failure to cooperate 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
Patna High Court CR. MISC. No.34665 of 2020 dt.24-05-2021
petitioner, to the notice of the Court concerned, which shall take
immediate 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)
J. Alam/-
AFR/NAFR
U
T
