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In the Court of Additional Sessions JudgeXI, Madhubani
Regular Bail Petition No.98/2022
Present : Rashmi
Sib Sundar Bhagat, aged about 48 years, S/o Rambilas Bhagat.
……….Petitioner
Versus
1. State of Bihar through Addl. Public Prosecutor.
……..Opposite Party
Bail Petition Under Section 439 Cr.P.C.
For the petitioner/s : Shri Shiv Kumar Thakur, Advocate
For the O.P. State : Shri Virendra Kumar Yadav, APP
O R D E R
Dated: 25.02.2022
This bail petition has been filed under section 439 Cr.P.C. on behalf of
the petitioner Sib Sundar Bhagat (who is in custody since 25.01.2022) in
connection with Basopatti PS Case No.209/2021, CRI No. 652/2021 for the
offence under section 7 of the E.C. Act presently pending in the court of
S.D.J.M., Madhubani.
The prosecution story in brief is that the informant in his letter
no. 145 dated 19.08.2021 has alleged that on the question raised by Hon’ble
MLA, Sri Arun Shankar Prasad, the matter was inquired by the District level
enquiry team and the accused persons were found guilty. In the enquiry
report, it is mentioned that purchase and sale of the grains by t trucks are
engaged with handling and transporting agent of S.F.C. is suspicious. Hence,
S.D.O., Jainagar on the basis of the report of enquiry team has directed the
informant to lodge FIR against the petitioner under E.C. Act. Later on, on the
basis of this letter, FIR was registered and Basopatti police started the
investigation. Hence, this case.
Learned counsel for the petitioner submits that the petitioner is
quiet innocent and has committed no offence rather he has been falsely
implicated in this case. No occurrence as alleged did ever take place.
Petitioner deals in food grains and has valid registration of G.S.T. and the
petitioner used to purchase food grains from farmers and used to sell it in free
market. Food grains have been deleted from the schedule of essential
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In the Court of ADJ-XI, Madhubani
Regular Bail Petition No.98/2022
Dated:25.02.2022
commodities by Government of India vide GSR104E dated 15.02.2022 and
now there is no restriction of sale, purchase, storage and transportation of
food grains and only subsidized grains which are being supplied to PDS dealer
for distribution amongst beneficiary and midday meal is under control. On
08.01.2021, Anchal Adhikari, BasopatticumMarketing Officer, Basopatti was
informed by telephone that the grains of PDS is being loaded on a trucks on
BasopattiChhatauni main road at village Jhitkohiya and on that information,
S.H.O. basopatti reached that village and found that grains has been loaded
on truck bearing reg. no. BR01GE1151 and truck no. BR6GC9665 was being
loaded and both the trucks were kept under the watch of local chaukidar and
the matter was reported to the SDO, Jainagar and SDO Jainagar got the
matter enquired and it was found that the grain loaded on trucks are not
subsidised grains and both trucks were released and the grains given to the
petitioner on jimmenama. This fact finds support from the enquiry report of
district level enquiry team. Hon’ble MLA, Sri Arun Shankar Prasad raised
question in Legislative Assembly, Patna and on the basis of which District
Level Enquiry Team was constituted and the team submitted report and on
that basis SDO, Jainagar directed the informant to lodge FIR. As per report of
the District Level Enquiry Team, no case u/s 7 EC Act is made out against the
petitioner. It is no where mentioned in the FIR that what provisions of which
control order made u/s 7 EC Act has been violated. There are catena of
decisions of Hon’ble High Court, Patna that registration of FIR under Section
7 EC Act, without stating that what provisions of which control order has been
violated is a nulity and unsustainable. Petitioner is not a PDS dealer and
Hon’ble High Court, Patna reported in PLJR 2019(3) Page 239 PHC has held
that no prosecution could be launched against private person for violation of
provisions of EC Act or control order. His Lordship of Hon’ble Patna High
Court in a decision reported in PLJR 2018(2) Page 902 PHC has held that
allegation against the petitioner of selling rice of Govt. Scheme in black
market and the petitioners deals in free sale of food grains and not PDS
dealer, sale of rice not covered in any control order. Petitioner has not
violated any provisions of Section 7 EC Act. Local Police under the pressure of
local politicians arrested the petitioner without complying the provision of
Section 41(A) Cr.P.C. and also without complying the direction of Hon’ble
Apex Court made in the case of Arnesh Kumar vs. The State of Bihar. The
petitioner is law abiding citizen and there is no chance of their absconding
and tampering with evidence and he is ready to abide the condition as laid
down u/s 439 Cr.P.C. and he is ready to furnish good and sufficient sureties
for his bail. Lastly, prayer has been made to enlarge the petitioner on bail.
The learned A.P.P. for the state has opposed the prayer of bail of
the petitioner and submitted that gravity of the offence is severe in nature.
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In the Court of ADJ-XI, Madhubani
Regular Bail Petition No.98/2022
Dated:25.02.2022
Hence, the petitioner does not deserve bail.
Heard, learned counsel for the petitioner and learned A.P.P. for
the State and perused the case diary and record. Other witnesses of the case
diary have also supported the case of the prosecution. Enormously huge
quantity of food grains has been recovered. This type of offence is not only
against an individual but against society at large.
Having regard these facts alongwith materials on record in
support thereof, I do not find it judicious to enlarge the petitioner on bail and
in result, the same stands rejected.
Dictated
Sd/
Additional Sessions JudgeXI,
Madhubani
Memo No.______________Dated:______________
Copy forwarded to the court of S.D.J.M., Madhubani, for information and needful.
Additional Sessions JudgeXI,
Madhubani
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