IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33275 of 2011
Nagendra Paswan
Versus
The State Of Bihar
2. 28.09.2011. Heard the learned counsels for the
petitioner and the State.
The petitioner being the P.D.S.
dealer is apprehending his arrest in a case
registered under Section 406 of the Indian
Penal Code and Section 7 of the Essential
Commodities Act.
On 15.07.2009, raid was conducted
and huge quantity of grains and Kerosene Oil
were found in the stock of the petitioner,
hence, it was suspected that the grains were
to be used for black marketing.
It is submitted by the learned
counsel for the petitioner that the
petitioner lifted Kerosene Oil on 10.07.2009
and food grains were lifted on 06.07.2009
and 15.07.2009 and part of distribution was
made but rest was lying in the stock. Hence,
seizure constituted neither any offence nor
it amounts to violation of any Control
Order. Moreover, the P.D.S license of the
petitioner has been put under suspension and
enquiry is going on.
2
Considering the aforesaid facts, let
the petitioner, above named, be released on
bail in the event of arrest or surrender
before the learned court below within a
period of twelve weeks from today in
connection with Maniyari P.S. Case No. 83 of
2009 on furnishing bail bond of Rs.10,000/-
(Ten Thousand) with two sureties of the like
amount each to the satisfaction of the
learned S.D.J.M.,(West), Muzaffarpur,
subject to the conditions as laid down under
Section 438(2) of the Code of Criminal
Procedure.
U. K. ( Dinesh Kumar Singh, J)