Jharkhand High CourtBalram Sardar vs The State Of Jharkhand --- --- Opposite ... on 4 December, 2020Author:Aparesh Kumar SinghBench:Aparesh Kumar SinghIN THE HIGH COURT OF JHARKHAND AT RANCHI\n                                     A. B.A. No. 5990 of 2020\n                                           ----Balram Sardar                                           ---    ---    Petitioner\n                                            Versus\n         The State of Jharkhand                                  ---    ---    Opposite Party\n                                                 ---\n           CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh\n                     Through: Video Conferencing\n                                                 ---\n           For the Petitioner: Mr. Amit Kr. Das, Advocate\n           For the State    : Mr. Prabhu Dayal Agrawal, Spl.P.P.\n                                                 ----03/ 04.12.2020 Heard learned counsel for the Petitioner and learned Special Public\n         Prosecutor.2.     Learned counsel for the petitioner undertakes to remove the following\n         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\n         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.3.     Petitioner seeks protection of anticipatory bail in terms of section 438 of Cr.\n         P.C in connection with Potka P.S. Case No. 23/2020 instituted undersection 406of\n         the Indian Penal Code andsection 7of Essential Commodities Act and pending in\n         the Court of Miss Kanchan Kumari learned Judicial Magistrate, 1st Class,\n         Jamshedpur, East Singhbhum.4.     Learned counsel for the petitioner submits that as per the FIR instituted by the\n         Informant Block Development Office-cum-Supply Officer, Potka Block, on sudden\n         inspection in the P.D.S shop of the petitioner bearing licence no. 02/92 at village\n         Duyarsini under Sangram Gram Panchayat of Potka Circle, it was detected that he\n         had lifted food grains for the month of February and March 2020 from the Manager,\n         Block Additional Godown, Potka, but he had not distributed it to the cardholders.\n         Further, no stock of food grains lifted by him was found. On allegations of black\n         marketing, FIR was instituted. Learned counsel for the petitioner submits that since\n         1992 when the PDS licence was granted, has never faced any proceeding or show-\n         cause in respect of working of P.D.S shop. Petitioner was suffering from viral\n         hepatitis and was advised bed rest from 21st January 2020 to 22nd April 2020, as per\n         medical advice (Annexure-2). Since he has been given additional charge for the\n         supply of food grains of Ma Saraswati Mahila Samiti of village Chhota Amda on\n         suspension of the said licence, he could not keep the huge stock of food grains for\n         two months in his small P.D.S shop which were kept in the adjacent room and\n         veranda behind his shop. However, immediately after he recovered, the food grains2.have been distributed to the cardholders in presence of Panchayat Members.\n           Annexure-3 is the letter containing signature of the cardholders accepting distribution\n           of rice to them addressed to the Informant B.D.O, Potka and District Supply Officer,\n           Jamshedpur. In these circumstances, petitioner if not granted anticipatory bail, may\n           have to suffer unnecessary incarceration, even though the total value of the goods for\n           the two months, as alleged in the FIR, is Rs. 38,450/- only.5.     Learned Special P.P Mr. Agrawal has opposed the prayer. He submits that\n           non-distribution of food grains even after lifting from the godown without any\n           explanation when found on inspection, amounts to indulging in black marketing,\n           which is a serious offence especially in times of corona crisis.6.     I have considered the submission of learned counsel for the parties and taken\n           into account the facts and circumstances noted above. Having regard to the fact that\n           the food grains are stated to have been distributed to the cardholders vide Annexure-3\n           after the petitioner recovered from his illness and that there is no such allegation\n           during the entire 28 years of his dealership, I am inclined to grant anticipatory bail to\n           the petitioner. Let the petitioner namely, Balram Sardar, in the event of his surrender\n           or arrest within a period of four weeks, be released on bail on furnishing bail bonds\n           of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to\n           the satisfaction of Miss Kanchan Kumari learned Judicial Magistrate, 1st Class,\n           Jamshedpur, East Singhbhum, in connection with Potka P.S. Case No. 23/2020,\n           subject to the condition as laid down under section 438(2) of the Cr. P.C. Petitioner\n           shall cooperate in the investigation and petitioner and his bailors shall not change\n           their address or mobile no. without prior permission of the learned Trial Court.(Aparesh Kumar Singh, J)\nRanjeet/