Kaushal Kishore Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20669 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== Kaushal Kishore Mishra Son of Late Kamala Kant Mishra Resident of Durgadih, P.S.- Bikramganj, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Bikramganj P.S. Case No. 28 of 2022, registered for the offences punishable under Section 7 of the Essential Commodities Act. As per the prosecution case, this petitioner used to sell the Urea at higher price and also kept the fertilizers in the house of co-villager Lal Pari Devi.

It is submitted that petitioner is proprietor of M/s Bikash Khad Bhandar having license No. 49/19-20 and used to sell the Urea, Crops Seed, DEC etc. From perusal of Register (Annexure-2), it would be apparent that both the farmers namely Mukesh Dutt Pandey and Arun Ram have purchased the Urea at government rate and put their signatures on the said register. As

Patna High Court CR. MISC. No.20669 of 2022(2) dt.05-09-2022 2/2 a matter of fact, petitioner has not committed any irregularity or anomalies in running of establishment and when he refused to oblige the informant this false case has been lodged. Petitioner claims clean antecedents.

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, Bikramganj, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 28 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T