Rajdeo Sah vs State Of Bihar

Heard Mr. Bashishtha Narayan Mishra, learned counsel for the petitioner and Mr. Md. Arif, learned In-charge Additional Public Prosecutor

(hereinafter referred to as the ‘APP’) for the State.

The petitioner apprehends arrest in connection with Sahodra PS Case No. 16 of 2020 dated 01.04.2020, instituted under Sections 188/269/270/271

of the Indian Penal Code and 7 of the Essential Commodities Act, 1955.

The allegation against the petitioner is that he was not maintaining social distancing at his shop and also not displaying the price of materials.

Learned counsel for the petitioner submitted that he runs a small kirana shop and not a PDS shop and there was no list or rate ever supplied by the

District Administration to him and, thus, there was no occasion for him to show any price-list. It was further submitted that social distancing was being

maintained as no specific instance of any person either being caught or fined has been shown which proves that the allegation is frivolous. Learned

counsel submitted that the petitioner has no other criminal antecedent.

Learned APP submitted that the petitioner has not acted with responsibility during the pandemic period.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender

before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District West Champran in

Sahodara PS Case No. 16 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that

one of the bailors shall be a close relative of the petitioner, and (ii) that the petitioner shall cooperate with the Court and the police/prosecution. Failure

to do so would lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.