The Court allowed the petition for anticipatory bail in a case involving black marketing of food grains under the Essential Commodities Act, noting the petitioner's clean antecedents and cancellation of his PDS license.
Anticipatory bail allowed for six weeks, subject to furnishing a bail bond of Rs. 10,000/- with two sureties.
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.7374 of 2024
Arising Out of PS. Case No.-140 Year-2023 Thana- PHENHARA District- East Champaran
======================================================
Sanjeet Kumar S/o Late Narendra Kishore Kumar R/o Marpa Mohan, P.O and Panchayat Mankarwa, P.S and Block-Phenahara, Distt.-East Champaran, Presently P.D.S. dealer Panchayat-Mankarawa Block-Phenehara, Distt.-East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Shankar Kishore Shahi, Advocate For the State : Mr. Parmeshwar Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
6 12-08-2024
Patna High Court CR. MISC. No.7374 of 2024(6) dt.12-08-2024 2/3
pain and was under treatment and in his absence and without proper verification, the inspection was done. As a matter of fact, the petitioner used to distribute the essential commodities as per scheduled quantity among the consumers and no consumer has made any complaint against the petitioner regarding irregularities in the distribution of food grains or POS machine and only on suspicion, he has been made accused of black marketing the food grains. Moreover, during pendency of this case, the P.D.S. License of the petitioner has already been cancelled by order dated 29.02.2024 passed by the S.D.O., Pakridayal. No offence under Section 7 of the Essential Commodities Act is made out against this petitioner. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.7374 of 2024(6) dt.12-08-2024 3/3
satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Phenahara P.S. Case No. 140 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
shashank/-
U T
1 issue framed by the court
Whether the petitioner apprehends arrest and is entitled to anticipatory bail?
2 provisions across 2 enactments
Sanjeet Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
