Pawan Nayak @ Pawan Kumar Nayak vs. The State Of Bihar
Facts
The petitioner, Pawan Nayak, apprehends arrest in connection with Jhanjharpur P.S. Case No. 260 of 2021, registered for offences under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act. The prosecution alleges the petitioner's involvement in black-marketing of government-subsidized food grains, with 237 bags of rice and 41 bags of wheat found at his shop. The petitioner claims he is falsely implicated, stating he is neither a PDS dealer nor an agent. He asserts he is a free sale dealer of wheat and rice, operating a proprietorship business firm at Sanghat Chawk, Madhubani, and possesses a GST Number 10APTPN4473NIZB. The court considered these facts in granting anticipatory bail.
Held
The Court granted anticipatory bail to the petitioner. The reasoning appears to be based on the petitioner's contention that he is a legitimate free sale dealer of wheat and rice, not a PDS dealer or agent, and that his business is registered under GST. The recovery of food grains from his shop, in light of his claim of being a free sale dealer, seems to have been a significant factor. The Court directed that the petitioner be enlarged on bail upon his arrest or surrender before the court below within six weeks, subject to furnishing bail bonds and sureties, and adhering to the conditions under Section 438(2) of the Code of Criminal Procedure. The specific amount in dispute, if any, was not recorded.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the allegations of black-marketing of subsidized food grains and recovery of rice and wheat from his premises? Petitioner's Argument: The petitioner argued that he has been falsely implicated. He contended that he is a free sale dealer of wheat and rice and does not require a license for his business. He also highlighted his GST registration as evidence of his legitimate business operations. Revenue/State's Argument: The State's argument is not explicitly recorded in the judgment. However, the prosecution case, as presented, suggests the State's opposition to the bail application based on the alleged involvement in black-marketing and the recovery of food grains.
Sections Cited
Section 438, Section 438(2), Section 420, Section 7
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER 2 13-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and section 7 of the Essential Commodities Act.
As per the prosecution case, petitioner is suspected to be involved in black-marketing of government subsidized food grains. It is further allege
The judgment continues below.
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