Bishwanath Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14382 of 2025 Arising Out of PS. Case No.-13 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== Bishwanath Agrawal S/O Late Satya Narayan Agarwal Resident of Gulabbagh, P.S.- Gulabbagh, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr. Mohit Agarwal, Advocate Mr. Kumar Rajdeep, Advocate Mr. Vikash Khanna, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-03-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Purnia Sadar P.S. Case no.13 of 2022 registered for the offence punishable under sections 420, 419 and 409 of the Indian Penal Code, sections 7(1)(a)(ii) and 9(i)(ii) of the E.C. Act, 1955 and sections 35(1) (a) and 35(1)(b) of the Fertilizer (Control) Order, 1985.

3. As per the prosecution case, on a raid being conducted in the premises of the shop of the petitioner, it is stated that on inspection, difference in stock position was found. Further, it transpired that fertilizers of other companies whose names were not named in the license were also found. It is further stated by the informant that it transpired that the petitioner was involved in the sale of fertilizers without having

Patna High Court CR. MISC. No.14382 of 2025(2) dt.28-03-2025 2/2 permission of the prescribed authority.

4. Learned Senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the case for oblique reasons. He has been carrying on business in terms of the license granted to him and there has been no violation whatsoever. He undertakes to cooperate in the investigation and trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the petitioner being a licensee and a dealer of fertilizers, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Purnia Sadar P.S. Case no.13 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea.

(Partha Sarthy, J) Saurabh/- U T