Rahul Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25319 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- KURSAILA District- Katihar ====================================================== Rahul Gupta Son of Dinesh Prasad Gupta R/o Village- Ayodhyagan Bazar, P.S.- Kursela, District- Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Senior Advocate.

:

Mr. Kumar Rajdeep, Advocate.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kursela P.S. Case No.269 of 2023 instituted under Sections 7(1)(1A)(11) of the Essential Commodities Act, 1955.

3. As per the prosecution case, 1123 bags of fertilizer were seized from the shop of petitioner by the concerned Officials without any authorization letter and thus, violated the provisions of Fertilizer Control Order, 1985 and Essential Commodities Act.

4. Learned senior counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is a agriculturist and his

Patna High Court CR. MISC. No.25319 of 2024(3) dt.31-07-2024 2/3 family owns more than 100 acres of cultivatable land and the fertilizers being referred to was in fact stored by the petitioner and his family members for personal agriculture use and also there is no violation of any legal provisions as alleged. Learned senior counsel submits that on the date of occurrence, the petitioner was not carrying any business of selling fertilizer. He further submits that the Co-ordinate Bench of this Court vide order dated 28.06.2024 passed in Cr.W.J.C. No.9854 of 2024 has ordered for provisional release of fertilizer in favour of petitioner subject to final outcome of confiscation/ criminal proceeding. Learned senior counsel submits that the petitioner has the supporting paper of ownership of the fertilizers in question. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the

Patna High Court CR. MISC. No.25319 of 2024(3) dt.31-07-2024 3/3 learned S.D.J.M., Katihar in connection with Kursela P.S. Case No.269 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/- U T