IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24971 of 2025 Arising Out of PS. Case No.-963 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Nitish Kumar Sinha @ N. Sinha Son of Late Narayan Prasad Sinha Resident of Village- Ram nagar, Katihar, Ward No. 25, P.S.- Town, District- Katihar ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md Musowir For the Opposite Party/s : Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 06-05-2025 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Nagar P.S. Case No. 963 / 2023 dated 27.12.2023 registered under Sections 7 of the E.C. Act. 3. As per the prosecution case the S.D.O., Katihar cancelled the P.D.S. shop of the petitioner vide memo no. 656/AA dated 13.10.2023 and attached the shop of the petitioner with the owner of nearby P.D.S. shop namely Shaukat Ali. It was also directed to transfer the food grains and e-POS machine to Shaukat Ali but the petitioner did not transfer 67.86 quintal wheat and 219.9 quintal rice to the nearby shop. 4. Learned counsel for the petitioner submits that the petitioner could not transfer the food grains due to his mother’s illness as he was busy in treatment of his mother. The food Patna High Court CR. MISC. No.24971 of 2025(2) dt.06-05-2025 2/3 grains by passage of time got destroyed however the petitioner is ready to deposit the price of food grains at market rate which according to the petitioner come at Rs. 6,46,644/-, in six equal installments. 5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is ready to deposit the price of food grains at the market rate which comes to Rs 6,46,644/-, I am inclined to grant provisional anticipatory bail to the petitioner for nine months subject to the condition that he shall deposit the entire amount of Rs. 6,46,644/- in six installments within a period of eight months in Government Treasury, Katihar. The first installment of Rs. 1,07,774/- shall be deposited by the petitioner at the time of furnishing bail bond and receipt / challen thereof shall be submitted before the court below at the time of surrender. The remaining five installments shall be paid within a period of eight months from the date of order. 6. Accordingly, let the petitioner, above named, be released on provisional anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.24971 of 2025(2) dt.06-05-2025 3/3 satisfaction of learned S.D.J.M. Katihar, District- Katihar in connection with Nagar P.S. Case No. 963 of 2023 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. 7. It is made clear that if entire amount is deposited by the petitioner within stipulated time, the provisional anticipatory bail granted by this court shall be confirmed by the learned court below itself. praful/- (Anil Kumar Sinha, J) U T