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2025 DAILYLAW 21039 (PAT)

Shashi Kant Rai @ Sashi Kant Rai v. The State of Bihar

CR. MISC./11959/2025 · 2025-04-07

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11959 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- MATIHANI District- Begusarai ====================================================== Shashi Kant Rai @ Sashi Kant Rai S/o Late Chandradeo Rai @ Late Chandradev Rai R/o Village- Matihani, PS- Matihani, District- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam , Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 07-04-2025 Heard learned counsel for the petitioner and the State . 2. Petitioner apprehends his arrest in a case registered for the offence punishable under section 7 of Essential Commodities Act. 3 . The prosecution case in brief, is that the Block supply Officer, begusarai alleged that during inspection of the PDS shop of shashi Kanti Rai (PACS chairman cum P D S dealer ), it was found that there was shortage of food grains of 346 kg wheat and 7269 kg rice . It is further alleged that this petitioner is indulged in black marketing of the aforesaid food grains. 4. It is submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this Patna High Court CR. MISC. No.11959 of 2025(3) dt.07-04-2025 2/3 case. It is further submitted that it is absolutely false to say that 346 kg of wheat and 7269 kg of rice were sold by the petitioner in black marketing. Due to the non-supply of the E-POS machine , it has not been delivered on time by the SDO Begusarai, as a result of which certain bags of wheat and rice were destroyed. Moreover, learned counsel for the petitioner, by referring to paragraph 2 of the supplementary affidavit, further submitted that the licensing Officer cum sub-divisional officer, Begusarai, vide letter No. 334 dated 29.09.2024, had cancelled the license of PACs Chairman-cum-PDS dealer Sri Shashikant Rai, having license No. MAT 09 of 2016, with immediate effect, i.e., Annexure 3 to the supplementary affidavit. Petitioner claims clean antecedent. 5 . Learned counsel for the State opposed the bail petition . 6 Considering the fact that license of PACs Chairman-cum-PDS dealer Sri Shashikant Rai has already been cancelled, clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount Patna High Court CR. MISC. No.11959 of 2025(3) dt.07-04-2025 3/3 each to the satisfaction of the learned sub divisional Judicial Magistrate begusarai in connection with Matihani P.S. Case No. 100 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 . Koushik/- (Prabhat Kumar Singh, J) U T