Dismissed

Sanjay Prasad Kharwar v. The State of Bihar

Patna HC13 Dec 2023CR. MISC./40637/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the Patna High Court refused pre-arrest bail to the petitioner accused of blackmarketing foodgrains under Section 7 of the Essential Commodities Act, citing the serious nature of the allegations involving school meals and his position of trust.

What did the court decide?

Pre-arrest bail application refused; regular bail prayer left open for consideration upon surrender within four weeks.

Sanjay Prasad Kharwar Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40637 of 2022

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Arising Out of PS. Case No.-364 Year-2021 Thana- BASANTPUR District- Siwan

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

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Sanjay Prasad Kharwar, Son of Baliram Prasad, R/O Village- Samrawn, P.S.Ashawn, District- Siwan. ... ... Petitioner

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... ... Petitioner

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Ms. Kumari Anupam, Advocate For the Opposite Party : Mr. Parmeshwar Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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6 13-12-2023

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Heard learned counsel for the petitioner and learned APP

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for the State.

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2. The petitioner in the present case is seeking pre-arrest bail in connection with Basantpur P.S. Case No. 364 of 2021 registered for the offences punishable under Section 7 of the Essential Commodities Act, 1955. He has got no criminal antecedent.

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3. Learned counsel for the petitioner submits that the allegation against the petitioner is that of blackmarketing altogether 195 quintals of foodgrains which were meant for the mid-day meal of school children.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. According to him, the foodgrain was lifted on 18.08.2021 under the joint signature of the petitioner and the co-accused Sanjay Kumar Gupta who was the owner of the transport, the 20^th August, 2021

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Patna High Court CR. MISC. No.40637 of 2022(6) dt.13-12-2023 2/3

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was an official holiday of Moharram and on 21.08.2021, the District Programme Officer demanded a report from the petitioner about distribution of ration but due to holiday on 22.08.2021 on account of Rakshabandhan , the petitioner did not submit the report whereafter the present FIR was lodged. It is submitted that the FIR has been lodged without conducting proper inquiry. He is ready to deposit the cost of the foodgrains which is said to have been misappropriated. It is further submitted that the co-accused Sanjay Kumar Gupta has been granted privilege of pre-arrest bail by a learned Co-ordinate Bench of this Court in Cr. Misc. No. 65953 of 2021.

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5. On the other hand, learned APP for the State submits that the foodgrain was provided for mid-day meal of the school children and a total of about 382.5 quintals of foodgrain was lifted during the month of July, August and September, 2021 under joint signature of the petitioner and the transporter who is the co-accused but in course of verification, it has been found that altogether 195 quintals of foodgrain has not been delivered and the same has been sold in blackmarket.

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6. Learned APP for the State submits that the petitioner had the ultimate responsibility to ensure that the foodgrains are duly delivered for mid-day meal and without his connivance, no misappropriation could have taken place.

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Patna High Court CR. MISC. No.40637 of 2022(6) dt.13-12-2023 3/3

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7. It is further submitted that the co-accused got privilege of anticipatory bail by a learned Co-ordinate Bench of this Court after the learned Co-ordinate Bench noticed that he was the transporter only and the short supply has been made by the coaccused who is this petitioner.

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8. Having regard to the facts and circumstances of the case, the kind of allegations against the petitioner considering his position of trust in which he was working being serious and as per the allegations, he has indulged in misappropriating the foodgrains which were meant for the school children who had to get their midday meal under the Welfare Scheme of the State, this Court is of the considered opinion that the petitioner does not deserve privilege of pre-arrest bail.

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9. The prayer for anticipatory bail of the petitioner is, thus, refused.

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10. In case the petitioner surrenders and prays for regular bail within four weeks from today in the learned court below, his prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court.

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11. This application stands disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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SUSHMA2/- U T

Sanjay Prasad Kharwar v. The State of Bihar

Case brief

What is this about?

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Sanjay Prasad Kharwar v. The State of Bihar

Case brief

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