IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29173 of 2011
Md. Abarul Haque son of late Ali Zan, resident
of village- Manjharia, P.S.-Purushottampur,
district- West Champaran
Versus
The State of Bihar
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2. 21.9.2011. Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with a
case registered for the offence punishable under section 409 of the
Indian Penal Code.
It has been submitted that a number of P.D.S dealers
were proceeded against. Thereafter they came to this court in
various writ petitions and the State was directed not to take action
against them. The allegation against the petitioner is that he received
150 quintals and 73 Kilograms food-grain under the Sampurna
Gramin Rozgar Yojna. The value of the said food-grain has been
assessed to be Rs.1,36,974.50 paise. The allegation is that food grain
has been supplied but amount due has not been deposited by the
petitioner. It is submitted by learned counsel for the petitioner that
the allegation is not true. Proper accounting has not been done. His
license has already been suspended and he would deposit the
amount, if found due against him. Some other criminal cases of
similar nature have also been filed with identical allegation with
respect to other PDS dealers of the same district and some of them
have already been granted privilege of anticipatory bail.
Taking into consideration the facts and circumstances of
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the case, let the petitioner, namely, Md. Abarul Haque in the event
of his arrest or surrender before the court below within a period of
four weeks from the date of receipt/communication of the order be
released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bettiah in
connection with Purushottampur P.S. Case No.15 of 2011 subject to
the conditions as laid down under section 438(2) of the Code of
Criminal Procedure.
Md.S. ( Ashwani Kumar Singh, J.)