The Patna High Court granted anticipatory bail to a petitioner facing charges under IPC and E.C. Act for PDS irregularities, directing surrender within four weeks pending investigation.
Petitioner directed to surrender within four weeks and be released on provisional bail by lower court till charge-sheet submission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10597 of 2019
Arising Out of PS. Case No.-66 Year-2018 Thana- MEHANDIA District- Jehanabad
======================================================
SRI SIKANDAR, S/O Late Ram Chandra Singh, Resident of Village-Gehuya Bigha, Police Station- Mehandia, District- Arwal.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Parmeshwar Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 26-04-2019
Petitioner seeks bail in anticipation of his arrest in connection with Mehandia P.S. Case No. 66 of 2018, registered for the offences punishable under Sections 406, 409, 420 of the Indian Penal Code and Section 7 of the E.C. Act.
Allegation against the petitioner, who is a PDS dealer, is that on inquiry from several beneficiaries it is come to the notice that petitioner has neither distributed ration articles nor his behaviour is good and on the inspection of the District Magistrate mass irregularities committed by the petitioner has also been detected.
Submission of learned counsel for the petitioner is that the present case has been filed at the instance of one Akhilesh Kumar by making some interpolations and the witnesses have also not supported the prosecution case.
Patna High Court CR. MISC. No.10597 of 2019(3) dt.26-04-2019 2/2
Heard learned APP also.
Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within a period of four weeks from the receipt of this order and on surrender he shall be released on provisional bail by the court below itself till submission of charge sheet, subject to the condition that he will co-operate in the investigation during that period and produce all the papers before the I.O. However, in spite of that if charge sheet has been submitted against the petitioner, he has to surrender and make prayer for regular bail, which shall be considered on the basis of the materials available on the record at that time.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J)
spal/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail and the conditions thereof.
2 provisions across 2 enactments
Sri Sikandar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
