Balram Sardar vs State Of Jharkhand

Heard learned counsel for the Petitioner and learned Special Public Prosecutor.

Learned counsel for the petitioner undertakes to remove the following surviving defects as soon as situation normalises.

ix. (i) Name of one learned Advocate is not legible at the body of Vak who also appears to have not accepted the Vak at its back.

(ii) T/c of Annexure-2 may be tagged at proper place.

(iii) Duly certified to be true typed copy of page no. 33 may be given.

Petitioner seeks protection of anticipatory bail in terms of section 438 of Cr. P.C in connection with Potka P.S. Case No. 23/2020 instituted under

section 406 of the Indian Penal Code and section 7 of Essential Commodities Act and pending in the Court of Miss Kanchan Kumari learned Judicial

Magistrate, 1st Class, Jamshedpur, East Singhbhum.

Learned counsel for the petitioner submits that as per the FIR instituted by the Informant Block Development Office-cum-Supply Officer, Potka

Block, on sudden inspection in the P.D.S shop of the petitioner bearing licence no. 02/92 at village Duyarsini under Sangram Gram Panchayat of

Potka Circle, it was detected that he had lifted food grains for the month of February and March 2020 from the Manager, Block Additional Godown,

Potka, but he had not distributed it to the cardholders. Further, no stock of food grains lifted by him was found. On allegations of black marketing, FIR

was instituted. Learned counsel for the petitioner submits that since 1992 when the PDS licence was granted, has never faced any proceeding or

show- cause in respect of working of P.D.S shop. Petitioner was suffering from viral hepatitis and was advised bed rest from 21st January 2020 to

22nd April 2020, as per medical advice (Annexure-2). Since he has been given additional charge for the supply of food grains of Ma Saraswati Mahila

Samiti of village Chhota Amda on suspension of the said licence, he could not keep the huge stock of food grains for two months in his small P.D.S

shop which were kept in the adjacent room and veranda behind his shop. However, immediately after he recovered, the food grains have been

distributed to the cardholders in presence of Panchayat Members. Annexure-3 is the letter containing signature of the cardholders accepting

distribution of rice to them addressed to the Informant B.D.O, Potka and District Supply Officer, Jamshedpur. In these circumstances, petitioner if not

granted anticipatory bail, may have to suffer unnecessary incarceration, even though the total value of the goods for the two months, as alleged in the

FIR, is Rs. 38,450/- only.

Learned Special P.P Mr. Agrawal has opposed the prayer. He submits that non-distribution of food grains even after lifting from the godown

without any explanation when found on inspection, amounts to indulging in black marketing, which is a serious offence especially in times of corona

crisis.

I have considered the submission of learned counsel for the parties and taken into account the facts and circumstances noted above. Having regard

to the fact that the food grains are stated to have been distributed to the cardholders vide Annexure-3 after the petitioner recovered from his illness

and that there is no such allegation during the entire 28 years of his dealership, I am inclined to grant anticipatory bail to the petitioner. Let the

petitioner namely, Balram Sardar, in the event of his surrender or arrest within a period of four weeks, be released on bail on furnishing bail bonds of

Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of Miss Kanchan Kumari learned Judicial Magistrate,

1st Class, Jamshedpur, East Singhbhum, in connection with Potka P.S. Case No. 23/2020, subject to the condition as laid down under section 438(2) of

the Cr. P.C. Petitioner shall cooperate in the investigation and petitioner and his bailors shall not change their address or mobile no. without prior

permission of the learned Trial Court.