Ashok Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14840 of 2022 Arising Out of PS. Case No.-229 Year-2021 Thana- LADANIA District- Madhubani ====================================================== Ashok Kamat Son of Prabhu Lal Kamat Resident of Village- Janki Nagar, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Ladaniya P.S. Case No. 229 of 2021, registered for the offences punishable under Section 7 of the Essential Commodities Act and 3(3) of FCO, 1985.

As per the prosecution case, this petitioner was selling fertilizer by taking excess amount than that of fixed price which is violation of zero tolerance policy. Excess quantity of fertilizer was found in the shop of petitioner than shown in the POS machine.

It is submitted that petitioner has been falsely implicated in this case. No offence under Section 7 of the

Patna High Court CR. MISC. No.14840 of 2022(2) dt.23-08-2022 2/2 Essential Commodities Act is made out. There is no complain against the petitioner that he is taking excess amount of the fertilizer. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Ladaniya P.S. Case No. 229 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T