Md. Tipu Sultan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25896 of 2021 Arising Out of PS. Case No.-314 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== MD. TIPU SULTAN KHAN S/O MD. NOFIL KHAN R/O VILLAGEASHAPUR, P.S-BAHERA, DISTRICT-DARBHANGA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bahera P.S. Case no. 314 of 2020 instituted for the offence punishable under Section 7 of the Essential Commodities Act. Prosecution case relates to black marketing of fertilizer by the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. He is authorized dealer of fertilizer having license and there is no restriction on the quantity of selling the fertilizer. Learned APP appearing for the State has opposed the

Patna High Court CR. MISC. No.25896 of 2021(3) dt.30-03-2022 2/2 prayer of bail and has submitted that petitioner has sold excess quantity of fertilizer to the selected farmers only. Having heard learned counsel for the parties and considering the fact that there is direct allegation of black marketing of fertilizer against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U