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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17182 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Subodh Kumar son of Baleshwar Das R/O Ward No-6, Malhipur, Maheshpur, Ps-Bhagawanpur and Dist-Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Shankar For the Opposite Party/s : Mr.Parmeshwar Mehta ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 07-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 409, 420 of the Indian Penal Code and Section 7 of the Essential Commodity Act.
3. The informant, who is Block Supply Officer, has alleged that there was a shop of Public Distribution System (P.D.S.) of Vijay Paswan and the S.D.M. Teghra suspended his license on 18.05.2022 and ordered to send all the grains to the P.D.S. shop of this petitioner. In the meanwhile, license of Vijay Paswan was revoked and this petitioner was ordered to return all the grains to P.D.S. shop of Vijay Paswan, but after the said
order, the petitioner did not return 8578 kg. wheat and 35101 kg.
Patna High Court CR. MISC. No.17182 of 2025(2) dt.07-04-2025 2/3 rice and after inquiry, it was found that this petitioner grabbed 10951 kg. wheat and 46829 kg. rice. Informant raised suspicion that petitioner has sold aforesaid grains in the open market.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and F.I.R. has been instituted due of lack of communication. As a matter of fact, pursuant to the order of S.D.M., Teghra, petitioner has already handed over 8578 kg. of wheat and 35101 kg. of rice to the PDS shop of Vijay Paswan and to that effect, a receipt dated 23.05.2024 has also been attached, as Annexure P/2 and accordingly, no offence as alleged in the F.I.R. is made out against this petitioner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged 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 Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 233 of 2024, subject to condition as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.17182 of 2025(2) dt.07-04-2025 3/3 Criminal Procedure.
anay (Prabhat Kumar Singh, J) U T