Pawan Nayak @ Pawan Kumar Nayak vs. The State Of Bihar

CR. MISC./25741/2022HC PatnaGSTCNR BRHC01034160202213 September 2022Bench: MR. JUSTICE PRABHAT KUMAR SINGH2 pages
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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
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25741 of 2022 Arising Out of PS. Case No.-260 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== Pawan Nayak @ Pawan Kumar Nayak S/o Late Satya Narayan Nayak Resident of Village- Madhepur East, Ward No.8, P.S.- Madhepura, District- Madhubani. ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr.Vijay Anand, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s : Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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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