Prahlad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6417 of 2022 Arising Out of PS. Case No.-535 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== PRAHLAD SINGH Son of Late Ram Nath Singh Proprietor of M/s Shubham Enterprises, Resident of Village - Bhatiganj, P.s.- Sasaram (T), Distt.- Rohtas. At Present Resident of Village - Karpurwa, P.s.- Dariganon, Dist.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 04 of Fertilizer Control Order and u/s 7(i) (a) (ii) E.C. Act. Allegedly, a raid was conducted in M/s Shubham Enterprises. During the course of inspection the raiding party

Patna High Court CR. MISC. No.6417 of 2022(2) dt.01-08-2022 2/3 found major irregularities regarding selling of fertilizers. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He stated that not a single witness has supported this entire prosecution story except the informant and his associates. His name transpired in the present because he is the owner of M/s Shivam Enterprises. He further submits that the license of the petitioner was cancelled by the concerned authority. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the licence of the petitioner has already been cancelled by the concerned authority, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.6417 of 2022(2) dt.01-08-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Sasaram P.S. Case No. 535 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T