IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53709 of 2021

Arising Out of PS. Case No.-35 Year-2021 Thana- CHANDRAMANDI District- Jamui

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Surendra Yadav Son Of Sri Shoban Yadav R/O Village- Ghutway, P.S.-

Chandramandih, Dist.- Jamui

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Ashok Kumar Choudhary, Sr. Adv

Mr. Prakash Kumar, Adv

Md. Akshansh Ankit, Adv

For the Informant

:

Ms. Sanju Singh, Adv

For the State

:

Mr. Parmeshwar Mehta, APP

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

4

08-09-2022

Heard learned counsel for the petitioner,

informant and learned APP for the State.

The petitioner is apprehending his arrest in a

case registered for the offences punishable under

Sections 419, 420 of the Indian Penal Code and Section

7 of the Essential Commodities Act.

The prosecution case as per F.I.R is that the

informant being Block Supply Officer, Chakai had

received a complaint from one Lal Mohan Yadav that the

petitioner being a P.D.S dealer had annexed the name of

his family member to Lal Mohan Yadav’s card and had

been receiving ration against the card. Lal Mohan Yadav

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had himself never received any ration despite the

issuance of his card in 2014 itself. Accordingly, the shop

of the petitioner was raided and during raid, instead of

302 bags of grains only 255 bags of grains were found

in the PDS shop of the petitioner. The shortage of bags

of grains indicates that these bags were sold in the

black-market.

It is submitted by learned counsel for the

petitioner that petitioner has falsely been implicated in

this case due to village politics. The petitioner has never

attached the name of his family members to the ration

card of Lal Mohan Yadav. The family of the petitioner

has separate card. So far as allegation of shortage of

bags of grains are concerned, the same were distributed

to the beneficiaries in the presence of the Mukhiya,

Gram panchayat but due to failure in the link of the POS

machine, the distribution of grains could not be

registered.

In contra, learned APP for the State has

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vehemently opposed the prayer for anticipatory bail of

the petitioner and submitted that petitioner being PDS

dealer was engaged in the black-marketing. The

witnesses have also supported the prosecution case as

gets reflected from perusal of the case diary.

In the facts and circumstances of the case, this

Court is not inclined to grant privilege of anticipatory bail

to the petitioner.

The prayer for grant of anticipatory bail to the

petitioner stands rejected.

The petitioner is directed to surrender before

learned Court below and pray for regular bail. The

learned Court below may consider the prayer for regular

bail of the petitioner, keeping in view the facts discussed

above, without being prejudiced by the order of this

Court.

Shageer/-

(Sunil Kumar Panwar, J)

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