Allowed

Vijay Kumar Gupta @ Vijay Kumar v. The State Of Bihar

Patna HC17 May 2016CR. MISC./9977/2016

Case brief

AI extract

What is this about?

Single judge allowed a petitioner's application for anticipatory bail in connection with an offence under Section 7 of the Essential Commodities Act. The court granted bail on condition of furnishing bonds and sureties within eight weeks.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 10,000/- with two sureties of like amount within eight weeks.

Vijay Kumar Gupta @ Vijay Kumar Vs The State Of Bihar — Banking and Recovery | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.9977 of 2016 Arising Out of PS.Case No. -265 Year- 2014 Thana -MANER District- PATNA ====================================================== 1. Vijay Kumar Gupta @ Vijay Kumar, son of Dharm Nath Gupta resident of Ward No. 4, Maner Nagar Panchayat, P.S. Maner, District Patna. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikram Deo Singh, Advocate Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Dr.Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2 17-05-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Maner P.S.Case No. 265/2014 registered for offences punishable under Section 7 of the E. C. Act. The prosecution case in brief is that on 14.07.2014 at 9.00 A.M. the informant (B.S.O.) after getting secret information that P.D.S. shopkeeper, Krishna Prasad (co-accused), Maner Nagar Panchayat, licence No. 11/07 in association with Vijay Kumar Gupta (petitioner), Ward No. 4 had sold P.H.H. in black market for which S.D.O., Danapur had given direction for enquiry. As per direction, he recorded the statements of consumers of

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Patna High Court Cr.Misc. No.9977 of 2016 (2) dt.17-05-2016

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Ward No.8 on 14.07.2014 at 11.00 A.M. in which out of the 29 consumers present at the time of enquiry in which, eight P.H.H. consumers told that they did not get food grains for the month of April, 2014, while 11 consumers told that they had got food grains for the month of March, 2014 but 4 Kgs food grains had been supplied in place of 5 Kgs. as well as cost of wheat had been taken at the rate of Rs. 2.50/- only per Kg and rice at the rate of Rs. 3.50/- only per Kg. i.e. more than the fixed rate. It is further alleged that on 14.07.2014 at 12.30 o’clock inspection was done in presence of P.D.S. Shopkeeper and 600.75 litre of kerosene oil was shown in the stock list when only 300 litre of kerosene oil was found, then the shopkeeper disclosed that rest was distributed amongst 129 beneficiaries but was not entered in distribution book and cash memo was not available.

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It has been submitted by the learned counsel for the petitioner that the petitioner is innocent, having no criminal antecedent and is not a P.D.S. dealer and hence he submits that Section 7 of the Essential Commodities Act will not be applicable against him.

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However, learned A.P.P. for the State submits that the petitioner is named in F.I.R., hence opposes the prayer for bail. Be that as it may, since the petitioner is not a P.D.S.

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Patna High Court Cr.Misc. No.9977 of 2016 (2) dt.17-05-2016

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dealer, let the above named petitioner in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Danapur ( Patna) in connection with Maner P.S.Case No. 265 /2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Nilu Agrawal, J)

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Sudha/-

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U T

Vijay Kumar Gupta @ Vijay Kumar v. The State Of Bihar

Case brief

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Vijay Kumar Gupta @ Vijay Kumar v. The State Of Bihar

Case brief

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