The High Court of Patna granted anticipatory bail to the petitioner, a professional driver, in connection with an offence under the Essential Commodities Act, 1955, considering his young age and clean antecedents.
Petitioner directed to be released on bail on furnishing Rs. 10,000 bond with two sureties of like amount within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3126 of 2022
Arising Out of PS. Case No.-215 Year-2021 Thana- MOHIUDDIN NAGAR District-
Samastipur
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Sachin Malakar @ Sachin Kumar, aged about 20 years, male, Son of Arun Kumar Malakar, R/o village- Karim Nagar, P.S.- Mohiuddinnagar, DistrictSamastipur.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Shilpi Keshri, Adv. For the Opposite Party/s : Mr. APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 25-03-2022
The present application has been directed to be listed in priority as the petitioner has to appear in an examination which is to be held on 27th of March, 2022.
Heard Ms. Shilpi Keshri, the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Mohiuddinnagar P.S. Case No. 215
Patna High Court CR. MISC. No.3126 of 2022(2) dt.25-03-2022 2/3
of 2021, dated 27.09.2021, instituted for the offence under Section 7 of the Essential Commodities Act, 1955.
A pickup van loaded with subsidized food-grains was apprehended. The petitioner is said to be the driver of the aforesaid vehicle. On suspicion, the P.D.S. shop of one Gunjan Kumari was inspected and it was found that good quantity of subsidized grains were missing from the stock. It was also alleged against the aforesaid P.D.S dealer that requisite quantity of subsidized grains were not being given to the targeted beneficiaries. Thus, it was inferred that the food-grains which was being carried in the pickup van of which the petitioner is the driver, was to be sold in blackmarket.
It has been submitted on behalf of the petitioner that he is only a professional driver, who was driving the vehicle. Assuming but not admitting the fact that the foodgrains belonged to the P.D.S. dealer, it has been argued that no offence under the Essential Commodities Act can at all be said to have been made out against him.
It has specifically been stated that the petitioner
Patna High Court CR. MISC. No.3126 of 2022(2) dt.25-03-2022 3/3
had no idea that the aforesaid food-grains belonged to the P.D.S. dealer and the same was being stealthily taken out of the godown for being sold in black-market.
Considering the nature of accusation against the petitioner and taking into account his young age and clean antecedents, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate/Successor Court, Samastipur in connection with Mohiuddinnagar P.S. Case No. 215 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in anticipation of arrest for alleged offence under the Essential Commodities Act, 1955.
1 provisions across 1 enactments
Sachin Malakar @ Sachin Kumar
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
