Patna High CourtCR. MISC./29755/2021bail granted

Ramashish Singh v. The State Of Bihar

2022-03-02Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29755 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- DINARA District- Rohtas ====================================================== RAMASHISH SINGH S/O LATE SANT BILASH SINGH, R/O VILLAGE DINARA, P.S DINARA, DISTRICT ROHTAS.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

Mr. Saroj Kumar, Adv.

For the Opposite Party/s :

Mr. Jai Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Dinara P.S. Case No. 16 of 2021 registered for offence punishable under section 7 of the Essential Commodities Act. The allegation against the present petitioner is that his fertilizer shop was found closed when the officers went there for enquiry. It has further been mentioned that the petitioner sold 50 bags of urea to one Upendra Singh and 67 bags of urea to Hareshwar Rai.

The learned counsel for the petitioner, with

Patna High Court CR. MISC. No.29755 of 2021(3) dt.02-03-2022 2/3 supplementary affidavit, has annexed the Circular of Government of India, Ministry of Chemicals and Fertilizers, Department of Fertilizers, No. 10/JS(PS)/2020 (PT), dated 21st January, 2021, which shows that if the fertilizer is sold for plantation, its limit is 200 bags per month, whereas for other purposes, 50 bags per month without any limit. The learned counsel for the petitioner has submitted that the petitioner has not sold the fertilizer stealthily, rather as per recent Circular, it has been uploaded on the Website and the computer receipts have also been generated.

Considering the above mentioned facts and circumstances, the petitioner above named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bikramganj, District-Rohtas in connection with Dinara P.S. Case No. 16 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this

Patna High Court CR. MISC. No.29755 of 2021(3) dt.02-03-2022 3/3 Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T