Ramashrya Prasad Singh @ Ramashray Prasad Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6868 of 2024

Arising Out of PS. Case No.-71 Year-2017 Thana- KHUDAGANJ District- Nalanda

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Ramashrya Prasad Singh @ Ramashray Prasad, Son of Late Surju Singh, R/o village - Sharthua Khurd, P.S. - Khudaganj, Distt. - Nalanda

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Anand, Advocate Mr.Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

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ORAL ORDER

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2 17-02-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In the present case, the petitioner is apprehending his arrest in connection with Khudaganj P.S. Case No. 71 of 2017 registered for the alleged offence under Section 7 of the Essential Commodities Act.

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As per prosecution case, the petitioner, who was a PDS dealer, was found involved in black-marketing of food grains On inspection, shortage of 47.60 quintals of food grains was found in the shop of the petitioner.

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The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been a PDS dealer for more than 30 years and there has been no complaint against him during this period. Due to institution of the criminal case, the licence of the

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Patna High Court CR. MISC. No.6868 of 2024(2) dt.17-02-2024 2/3

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petitioner was cancelled. However, police after investigation submitted closure report observing that it was a mistake of fact, but the learned Sub-Divisional Judicial Magistrate, Hilsa took cognizance under Section 7 of the EC Act. The cognizance order was challenged by the petitioner in Criminal Revision No.119/2018 and the same was allowed by the learned Additional Sessions Judge-1, Hilsa and the cognizance order was set aside with direction to pass a fresh order in accordance with law. Thereafter, the learned Sub-Divisional Judicial Magistrate, Hilsa again took cognizance of the offence under Section 7 of the EC Act. The learned counsel further submits that there was no mismatch of the food grains in the register since arrival of bags of food grains for the month of May and its sale were not taken into account. The stock of food grains of PDS shop of the petitioner was as per books of accounts of the petitioner and there was no discrepancy. The learned counsel further submits that from the FIR, it appears that the same has been registered merely on suspicion and there was no complaint from any of the consumers. The petitioner is aged about 72 years and suffering from a number of ailments. The petitioner has got no criminal antecedent.

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Learned APP opposes the submissions made on

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Patna High Court CR. MISC. No.6868 of 2024(2) dt.17-02-2024 3/3

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behalf of the petitioner.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the closure report by the police and subsequent cognizance by the learned Magistrate and further considering the age of the petitioner along with his clean antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Hilsa, Nalanda, in connection with Khudaganj P.S. Case No. 71 of 2017, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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U T

Ramashrya Prasad Singh @ Ramashray Prasad v. The State of Bihar

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Ramashrya Prasad Singh @ Ramashray Prasad v. The State of Bihar

Case brief

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