Patna High CourtCR. MISC./3517/2019bail granted

Paras Nath Thakur v. The State Of Bihar

2019-01-25Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3517 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== Paras Nath Thakur aged about 50 years, Male, son of Chulhai Thakur Resident of Village- Kushaiya Rampur, P.S.- Warisnagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Warisnagar P.S. Case No.251 of 2018 registered under Section 7 of the Essential Commodities Act, 1955. It is submitted by the learned counsel for the petitioner that the petitioner is a licensee fertilizer dealer and he has not violated any provision of Fertilizer Control Order. As per the allegation also, there is no case of black marketing or hoarding fertilizer by this petitioner and as per stock register no shortage of fertilizer was found. The only basis of implication of the petitioner is suspicion due to seizure of petitioner's Boloro Pick-up No.BR 33F 5654, which is a transport vehicle being

Patna High Court Cr.Misc. No.3517 of 2019(2) dt.25-01-2019 2/2 plied by his driver for hire.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering that nothing incriminatory was seized from the premises of the petitioner or from his possession and the submission made in paragraph-3 of the application that the petitioner has got no criminal antecedent, in the event of his arrest or surrender before the court below, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Samastipur in connection with Warisnagar P.S. Case No.251 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md. S/- U T