Tuntun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5042 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- CHENARI District- Rohtas ====================================================== TUNTUN PRASAD S/O RAM CHANDRA JAISWAL Proprietor of M/S Jai Maa Durga Traders, R/o Village- Chenari, P.S.- Chenari, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 03(3) of the Fertilizer Control Order 1985 read with Section 7 of the Essential Commodities Act.

The informant alleges that in view of the letter of the District Agriculture Officer, Rohtas, the stock register and sale register of the petitioner were inquired and irregularities were found and even wrong information was recorded in the aforesaid register.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and from perusal of the allegation as alleged in the F.I.R. it would manifest that the

Patna High Court CR. MISC. No.5042 of 2022(2) dt.18-08-2022 2/2 same is cryptic and vague as it does not disclose as to what irregularities were found nor it discloses what kind of wrong information was recorded in the register, it is further submitted that since petitioner is a licensed dealer as such if he had committed any irregularities, the proper course was to issue show cause seeking explanation but a criminal case came to be instituted.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chenari P.S. Case No. 215 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T