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2025 DAILYLAW 41018 (PAT)

Sohar Paswan v. The State of Bihar

CR. MISC./32532/2025 · 2025-05-21

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32532 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- KINJAR District- Jehanabad ====================================================== Sohar Paswan S/o Somaru Paswan R/o Village- Latifpur, Parha P.O.- Akbarpur, P.S.- Kinjar, District- Arwal, Public Distribution System (P.D.S.) Shop Keeper, Panchayat- Purania shekh License No. 13/2000, Prakhand, Karpi, District- Arwal ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mayank Singh, Advocate For the Opposite Party/s : Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 21-05-2025 1. Heard learned counsel for the petitioner and learned APP for the State. 2. A prayer for bail has been made on behalf of the petitioner in connection with Kinjar P.S. Case no.116 of 2024 registered under section 316(5) of B.N.S, 2023 and Section 7 of the E.C. Act. 3. As per prosecution case, the informant states that on a joint inspection of the petitioner’s P.D.S Grain Shop, it was found that as against the stock of 57.2 quintals of wheat and 94 quintals of rice, upon physical verification no storage was found in the shop which indicates black marketing and a total of 96.20 quintals of wheat and 221.43 quintals of rice has been misappropriated. Patna High Court CR. MISC. No.32532 of 2025(2) dt.21-05-2025 2/3 4. Learned counsel for the petitioner submits that the petitioner who is a PDS dealer has not committed any offence and as a matter of fact in ceremonial seasons, the card holders put pressure on the petitioner for extra food grains and to avoid the same some temporal shiftment of stocks has been done. It has been specifically stated in paragraph no. 10 of his petition that due to illness and bad health of the petitioner for the last six months, the PDS grains were not distributed among the beneficiaries and petitioner is ready to distribute the amongst the card holders. The petitioner is in custody since 06.03.2025 and has no criminal antecedent. He undertakes to cooperate in the case/trial. 5. The application for anticipatory bail is opposed by learned A.P.P. for the State. 6. Taking into consideration the above mentioned facts of the case, the petitioner is directed to be enlarged on bail in connection with Kinjar P.S. Case no.116 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Arwal, Bihar on the condition that after releasing of the petitioner on bail, the District Supply Officer, Arwal would fix a time frame within which the petitioner would Patna High Court CR. MISC. No.32532 of 2025(2) dt.21-05-2025 3/3 make the distribution of the foodgrains and in case the same is not done within the stipulated period of time, the District Supply Officer would be at liberty to file cancellation of bail. Harsh/- (Soni Shrivastava, J) U T