The Patna High Court granted anticipatory bail to the petitioner in a case under the Essential Commodities Act, allowing her release upon furnishing bail bonds and removing defects within one month.
Petitioner released on bail of Rs.10,000 with two sureties of like amount, subject to removing defects within one month.
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.25555 of 2021
Arising Out of PS. Case No.-78 Year-2020 Thana- AMDABAD District- Katihar
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RAFIA NAGMA W/O SK. WARISH ALI, Resident of Village - Baida, Nayatola, P.S.- Amdabad, Dist.- Katihar. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr.Sanjeev Kumar Singh, Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
8 02-08-2022
The learned counsel for the petitioner is directed to
remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the
learned Additional Public Prosecutor for the State.
The petitioner apprehends her arrest in connection with
Amdabad P.S. Case No. 78 of 2020 registered for offence punishable under section 7 of the Essential Commodities Act.
As per allegation, the petitioner Rafia Nagma is a PDS dealer. There is allegation that she was distributing rice and ration in less quantity than the consumers were authorized to receive.
The learned counsel for the petitioner has submitted that the consumers furnished their affidavits and they are unanimously stating that they never received ration in less quantity from the shop of the present petitioner. Their affidavits have been annexed with the record as Annexure-2 series. He has submitted further that
Patna High Court CR. MISC. No.25555 of 2021(8) dt.02-08-2022 2/2
the petitioner is a lady of clean antecedent.
Considering the fact that the beneficiaries/customers themselves stated that they never received ration in less quantity, the petitioner above-named, in the event of her arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Amdabad P.S. Case No. 78 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
Mahesh/-
U T
1 issue framed by the court
Whether petitioner should be granted anticipatory bail in a case under section 7 of the Essential Commodities Act alleging PDS rational distribution.
2 provisions across 2 enactments
RAFIA NAGMA W/O SK. WARISH ALI
THE STATE OF BIHAR
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
