Rajiv kumar Singh @ Kanhaiya singh v. The State of Bihar
CR. MISC./80941/2024 · 2025-01-28
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82872 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82872 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80941 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Rajiv kumar Singh @ Kanhaiya singh S/o Shashibhushan Singh R/o ward no. 6, Hasanpur, P.S. - Hasanpur, Distt.- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Gaurav For the Opposite Party/s : Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 28-01-2025 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 316(2), 318(4), 3(5) of the Bhartiya Nagrik Suraksha Sanhita, 2023 and Section 7 of the Essential Commodities Act.
3. As per F.I.R., petitioner is proprietor of M/s Dharmsheela Traders and he is alleged to be involved in black- marketing of subsidized food-grains, which were meant for distribution among the poor public and for midday meal scheme, as from the godown of petitioner, 32 quitals of rice and 63 quintals of wheat of subsidized food grains were recovered.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Petitioner is a
Patna High Court CR. MISC. No.80941 of 2024(4) dt.28-01-2025 2/2 wholesale dealer of food-grain. The entire food-grain, which are said to have been recovered from the godown of petitioner, were purchased by the petitioner for the purpose of business. He further submits that it is settled law that no case under the Essential Commodities Act would proceed against a private person and petitioner is not a P.D.S. dealer.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, 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 Addl. District & Sessions Judge – IX, Samastipur in connection with Hasanpur P.S. Case No. 80 of 2024, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
anay (Prabhat Kumar Singh, J) U T