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Patna High CourtCR. MISC./28599/2021bail granted

Sarwan Kumar @ Sharwan Kumar Gupta v. The State Of Bihar

2022-03-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28599 of 2021 Arising Out of PS. Case No.-12 Year-2021 Thana- ROHTAS District- Rohtas ====================================================== Sarwan Kumar @ Sharwan Kumar Gupta S/O Late Hathuni Sah R/O VillagePatakhauliya Uchaila, P.O And P.S-Rohtas, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Roona, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner apprehends his arrest in connection with Rohtas P. S. Case No. 12 of 2021 registered for the offences punishable under Section 7 of the Essential Commodities Act.

The petitioner is a dealer of fertilizer and the allegation against him that he has sold fertilizers beyond the limit which was to be sold to different firms. It has been submitted by the learned counsel for the petitioner that there was no guidelines issued before the

Patna High Court CR. MISC. No.28599 of 2021(2) dt.24-03-2022 2/2 registration, as such, the petitioner has not violated the guidelines as the same were issued after the date of occurrence. She also submits that the petitioner is a very old licencee and has clean antecedents.

Considering the aforesaid fact and circumstances, the present anticipatory bail application is allowed. Accordingly, let the petitioner, above named, be released on bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Dehri (Rohtas) in connection with Rohtas P. S. Case No. 12 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sandeep Kumar, J) shakir/- U T