Kuldip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12328 of 2021 Arising Out of PS. Case No.-349 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== KULDIP KUMAR Son of Jibachh Mahto Resident of Village- Dulipatti, P.S.- Jaynagar, Distt- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Ravindra Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 467, 468, 471, 420 and 34 of the Indian Penal Code and 7 of the E.C. Act.

The prosecution case, in short, is the accused persons have misappropriated in selling of Urea to farmers and sold excess Urea against the quantity fixed by the government. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.12328 of 2021(2) dt.01-12-2021 2/2 has been made accused due to mistake of fact. No fake sale of Urea or D.A.P. was made by the petitioner nor any violation has been to the Fertilizer Control Order. It is further submitted that the petitioner is ready to deposit a sum of Rs. 15,000/- (fifteen thousand) in the court below which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. 15,000/- (fifteen thousand) in the Court below which shall be subject to final disposal of the cas e , let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned S.D.J.M., Madhubani in connection with Jaynagar P.S. Case No. 349 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T