IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55668 of 2007 RAMDEV RAJAK S/o Late Prasadi Rajak resident of Kumharua P.S.Kadwa Dist Katihar Versus STATE OF BIHAR 5 22.10.2008 Petitioner was earlier granted anticipatory bail on 1. 5.2008 on submission made on behalf the petitioner that he was not interested in running PDS shops and he was going to surrender PDS dealership licence and that he undertook to file a petition within three weeks for cancellation of his PDS dealership and observation was made after filing of the petition by the petitioner, the SDO will pass necessary orders regarding cancellation of his PDS dealership. The case was ordered to be listed after eight weeks when the petitioner will inform this court about filing of the petition for cancellation of his licence. Thus, this case has been listed today. A supplementary affidavit is filed wherein order dated 28.9.2007 of the SDO, Barsoi is annexed as annexure 3. One petition as filed by the petitioner with a prayer for cancellation of his PDS dealership is also annexed as anneuxure 4. The order dated 28.9.2007 is a detailed order as passed by SDO, Barsoi which mentioned that on that day (28.9.2007) in the process for cancellation of the licence of the PDS dealership of the petitioner his licence had been cancelled. The order mentioned that notices had been served on the petitioner but despite notice he had not appeared and his licence has been cancelled. Thus, it is quite clear that the PDS licence of the petitioner already stood cancelled on 28.9.2007 i.e. much prior to 1.5.2008 when - 2 - the petitioner submitted before this court that he was not interested in running PDS shop and was going to surrender PDS dealership licence with a prayer to cancel the same. It was due to this undertaking and understanding that anticipatory bail was granted to the petitioner. So far the allegation as per FIR lodged by the Block Supply Officer is concerned, the petitioner lifted k.oil and food grains between the period March,2007 to August,2007 and articles were not sold to card holders. It was also alleged that the PDS dealership of the petitioner had already been suspended on 16.8.2007 but despite that the petitioner lifted 15 quintal 10 kg of wheat and 37 quintal 75kg or rice for which enquiries were ordered to be concluded till 28.9.2007. It appears that it was all in a consequence of enquiries that the PDS licence of the petitioner was cancelled by the aforesaid order dated 28.9.2007 (annexure 3) of the SDO. Thus there are allegations of lifting k.oil and food grains but not distributing the same to the card holders and also with the result of the enquiry in the matter the PDS licence of the petitioner was cancelled on 28.9.2007. Thus in view of the allegation in the FIR and the consequent cancellation of PDS licence of the petitioner and particularly considering that on 1.5.2008 the petitioner made a submission that he was going to surrender his PDS dealership licence though the petitioner PDS dealership licence had already been cancelled much earlier to that in a process upon service of notice to the petitioner, I do not feel inclined to favour the petitioner with continuance this anticipatory bail granted to the petitioner on the false representation made by him. In such view of the - 3 - matter, the order dated 1.5.2008 granting anticipatory bail to the petitioner is hereby recalled. The petitioner is directed to surrender before the court below and pray for regular bail. Let a copy of this order be sent down to the court below (CJM, Katihar, in Kadwa P.S.Case no.147/07) through FAX with a direction that the court below will take all coercive measure for apprehension of the petitioner if he does not surrender within a period of three weeks from today. shahid (C.M.Prasad, J)