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Patna High CourtCR. MISC./3347/2022allowed

Amardeep Kumar v. The State Of Bihar

2022-06-14Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3347 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- KHARIK District- Bhagalpur ====================================================== Amardeep Kumar Son of Shatrughan Kumar Proprietor MS Radha Krishna Trading, Resident of Dhrubganj, P.S. - Kharik, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 3(2)(e)F.C.O(E.C) Act.

It is alleged against the petitioner that the petitioner being proprietor of M/s Radhakrishna Trading has sold 50 bags of Urea fertilizer to one Ganpati Sah on his Aadhar Card whereas the said Ganpati Sah has given written information that he has purchased only five bags of urea fertilizer. The petitioner thereby illegally sold 45 bags of Urea fertilizer in the black market.

Patna High Court CR. MISC. No.3347 of 2022(2) dt.14-06-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case due to misunderstanding of facts. In fact, the petitioner sold 50 bags of fertilizer to Ganpati Sah on his Aadhar Card but he received only 5 bags and rest 45 bags of fertilizer were received by different farmers on the Aadhar Card of Ganpati Sah and when they came to know about the present F.I.R, they filed a joint application before the Dy. S.P., Naugachia stating this fact that they all jointly purchased 50 bags of fertilizer on the Aadhar Card of Ganpati Sah. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Naugachia, Bhagalpur in connection with

Patna High Court CR. MISC. No.3347 of 2022(2) dt.14-06-2022 3/3 Kharik P.S. Case No. 199 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T