In a bail application under Section 438 Cr.P.C., the High Court granted bail to the petitioner apprehending arrest for bungling of PDS commodities, directing his surrender within six weeks and furnishing a bond.
Petitioner enlarged on bail upon surrender within six weeks and furnishing a bond of Rs.25,000 with two sureties.
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.11229 of 2022
Arising Out of PS. Case No.-242 Year-2021 Thana- RANIGANJ District- Araria
======================================================
Punit Kumar Mandal @ Sree Punit Kumar Mandal S/O Jeewanand Mandal Resident Of Village- Gidhwas, Ward No.-09, Mandal Tola, P.S.- Raniganj, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gopal Kumar Jha For the Opposite Party/s : Mr.Sangeeta Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 7 of the E.C. Act.
On surprise inspection of the petitioner’s PDS shop, name and style of M/S Maa Trading, Gidhwas, Raniganj to which the petitioner is proprietor vide license no. 146/2019-20 have been found for making bungling in the PDS commodity DAP fertilizers as on checking of POS machine revealing stock
Patna High Court CR. MISC. No.11229 of 2022(2) dt.04-08-2022 2/3
of 98 bags of fertilizers each bag 50 kg. whereas 18 bags of fertilizer have been shown in the stock register and thus the petitioner PDS license holder has been found violating the provisions of E.C. Act.
It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case only on suspicion. He submits that petitioner is a licencee fertilizer dealer and he has not committed any offence. He submits that though the licence of the petitioner has been suspended by the concerned authority but on appeal his licence has been revoked by the appellate authority. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court
Patna High Court CR. MISC. No.11229 of 2022(2) dt.04-08-2022 3/3
in connection with Raniganj P.S. Case No. 242 of 2021, subject to the condition as laid down under Section 438 (2) of the
Cr.P.C.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail considering the charges of bungling under the Essential Commodities Act.
2 provisions across 2 enactments
Punit Kumar Mandal
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
