This anticipatory bail petition challenging the arrest under Section 7 of the Essential Commodities Act was allowed. The petitioner, a P.D.S. dealer, contended no shortage existed. Bail granted subject to conditions.
Petitioner to be released on bail on furnishing Rs.10,000 bonds with two sureties of like amount upon surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19781 of 2020
Arising Out of PS. Case No.-6 Year-2020 Thana- GOGRI District- Khagaria
======================================================
Mohan Rai, Son of Late Vasudev Rai, Resident of Village- Katghara, P.S.Gogri, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sushmita Mishra- Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh- A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 13-08-2020
Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner apprehends his arrest in connection with Gogri P. S. Case No.06 of 2020 registered for the offences punishable under Section 7 of the Essential Commodities Act.
20 bags rice and one bag wheat were recovered in front of house of local Mukhiya. Subsequently, it came to light that the aforesaid foodgrains were brought from the Public Distribution Shop of the petitioner to sell the recovered foodgrains in black marketing.
Submission on behalf of petitioner is that petitioner happens to be P.D.S. Dealer and there is nothing on the record to
Patna High Court CR. MISC. No.19781 of 2020(2) dt.13-08-2020 2/2
show that there was any shortage of foodgrain in the shop of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P. S. Case No.06 of 2020, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J)
vikash/-
1 issue framed by the court
Whether antecedents of the petitioner justify grant of anticipatory bail in offences under Section 7 of the Essential Commodities Act.
1 provisions across 1 enactments
Mohan Rai
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
