Allowed

Ram Pdarth Sah and Ors. v. The State Of Bihar

Patna HC30 Jan 2019CR. MISC./76591/2018

Case brief

AI extract

What is this about?

This oral order grants anticipatory bail to petitioners accused of cheating under IPC 406 for failure to deposit an amount in the PDS scheme. The court allows bail on furnishing a bond with sureties and conditions regarding local surety.

What did the court decide?

Petitioners granted anticipatory bail to be released in event of arrest or surrender on furnishing bail bond of Rs. 25,000 each with two sureties of like amount each.

Ram Pdarth Sah and Ors. Vs The State Of Bihar — Contract and Commercial Disputes | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.76591 of 2018

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Arising Out of PS. Case No.-107 Year-2018 Thana- PIPRAHI District- Sheohar

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======================================================

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Ram Pdarth Sah and Ors Son of Late Nagendra Sah, Resident of VillageHarpur, P.S.- Piprahi, Dist.- Sheohar.

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Vishwanath Singh, Son of Late Jay Singh, resident of Village- Amba Kala, P.S.- Piprahi, Dist.- Sheohar.

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Sita Ram Sah, Son of Late Kuldeep Sah, Resident of Village- Nayagaon Mahuawa, P.S.- Piprahi, Dist.- Sheohar.

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Sarvajeet Paswan, Son of Late Badri Paswan, resident of Village- Belwa, P.S.Piprahi, Dist. Sheohar.

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Md. Waliullah @ Valiullah, Son of Late Jalil, resident of Village- Basahiya Sheikh, P.S.- Piprahi, Dist.- Sheohar.

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Chandeshwar Baitha, Son of Late Khooblal Baitha, Village- Belwa, P.S.Piprahi, Dist.- Sheohar.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Prabhat Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 30-01-2019 Heard the parties.

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The petitioners seek anticipatory bail in connection

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with Piprahi P.S.Case No. 107 of 2018, registered for offences punishable under Section 406 read with Section 34 of the Indian Penal Code.

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Allegation as per FIR is against the petitioners, who happens to be PDS dealer and the allegation against them is that under Sampoorn Grameen Rojgar Yojna/ Kaam Ke Badle Anaj Yojna, they were noticed to deposit the amount in Nazarat

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Patna High Court Cr.Misc. No.76591 of 2018(2) dt.30-01-2019 2/3

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against the price of empty gunny bags but the same was not deposited.

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Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and the food grains as per the order of authorities concerned is being supplied to executive agents for distributing the grains, who were laborers and onus to return the empty gunny bags is on the executing agents and not on the PDS dealers ( petitioners). Further submission of the learned counsel for the petitioners is that other co-accused persons have already been granted privilege of bail by a Co-ordinate Bench of this Court vide order dated 02.01.2019 passed in Cr. Misc. No. 77734 of 2018.

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Learned A.P.P. opposes the prayer for bail.

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Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Piprahi P.S.Case No. 107 of 2018, to the satisfaction of Sri Raj Kapoor, learned Judicial Magistrate 1^st class, Sheohar, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors

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Patna High Court Cr.Misc. No.76591 of 2018(2) dt.30-01-2019 3/3

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of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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(Vinod Kumar Sinha, J)

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sudha/-

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U T

Ram Pdarth Sah and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ram Pdarth Sah and Ors. v. The State Of Bihar

Case brief

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