Allowed

Manish Kumar Maniranjan ( Prop. Kumkum Traders) v. The State of Bihar

Patna HC23 Nov 2022CR. MISC./40978/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a case involving alleged black marketing of food grains under Section 7 of the Essential Commodities Act, directing release upon furnishing a bail bond of Rs. 10,000 with two sureties.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each.

Manish Kumar Maniranjan ( Prop. Kumkum Traders) Vs The State… — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40978 of 2022

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Arising Out of PS. Case No.-45 Year-2022 Thana- SAKRI District- Madhubani

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

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MANISH KUMAR MANIRANJAN ( Prop. Kumkum Traders) S/O SATYADEO RAUT Resident of village- Mohiuddinpur (Pandaul West Panchayat), P.S.- Sakri District- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. : Mr. Jyoti Ranjan Jha For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 23-11-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Sakri P.S. Case No. 45 of 2022 registered for the offences punishable under Section 7 of the E.C. Act.

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As per prosecution case, it has been alleged that informant alongwith other officials raided the house of Satyadeo Raut from where huge quantity of food grains contained in bags were recovered. Satyadeo Raut stated that business of sale and purchase of food-grains is being done by the present petitioner. On enquiry petitioner did not produce any document with

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Patna High Court CR. MISC. No.40978 of 2022(3) dt.23-11-2022 2/4

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respect to the alleged food-grains, hence, they sealed the foodgrains and deputed a Chowkidar. Later on, sample of foodgrains were matched with the food grains of BSFC which were found same as seized food-grains. There were no stock register, display board, challan or invoice found in the godown. Foodgrains were kept in the bags which were marked with F.C.I., B.S.F.C. and other SFC which shows that black marketing were being done by the petitioner.

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Learned counsel for the petitioner submits that petitioner is in custody since 24.05.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner has been involved in this case due to ulterior motive of informant Block Supply Officer, Pandaul, Madhubani. The petitioner is proprietor of Kumkum Traders and deals in foodgrains like rice, wheat, paddy etc. privately, not under P.D.S. Control Shop and the petitioner used to purchase rice, wheat, paddy from whole sellers. Farmers, peddlers and small shopkeepers and uses to sale in market and has valid registration of G.S.T. and has submitted G.S.T. return update and the same is attached as Annexure – 2 and 3 of the bail petition. Learned

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Patna High Court CR. MISC. No.40978 of 2022(3) dt.23-11-2022 3/4

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counsel further submits that the petitioner is not a PDS dealer and he is a private person who cannot be prosecuted for the offence under Section 7 of the E.C. Act because Section 7 of E.C. Act against the petitioner is not applicable. Learned counsel further submits that the informant seized the wheat and grains only on the ground that the wheat and rice were kept in gunny bags having printed mark of F.C.O, B.S.F.C. and S.F.C. of other state and same is also attached as Annexure-5 of the bail petition.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No. 45 of 2022, subject to following conditions:-

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Patna High Court CR. MISC. No.40978 of 2022(3) dt.23-11-2022 4/4

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.

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(Alok Kumar Pandey, J)

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amitkr/-

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U T

Manish Kumar Maniranjan ( Prop. Kumkum Traders) v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manish Kumar Maniranjan ( Prop. Kumkum Traders) v. The State of Bihar

Case brief

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