Ram Prit Sah @ Ram Prit Sahu v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42121 of 2010 Arising Out of PS.Case No. -0 Year- null Thana -null District- SAMASTIPUR =========================================================== Ram Prit Sah @ Ram Prit Sahu son of Rameshwar Sahu, resident of village Chandauli, P.S. Bithan, District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate Mr. J.N. Sinha, Advocate Mr. Rohit Kumar, Advocate Ms. Sangeeta Sharma, Advocate Ms. Nita Kumari, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 23-02-2016 The Petitioner seeks quashing of the order dated 17.8.2010 passed by the Additional Sessions Judge, Fast Track Court No.1, Samastipur in Criminal Revision No.387 of 2007, by which he has affirmed the order dated 31.3.2007/2.4.2007 passed by the Sub Divisional Judicial Magistrate, Rosera in Trial No.513 of 2006 arising out of Hasanpur (Bithan) P.S. case No.32 of 1995, by which he has refused to discharge the Petitioner, on the ground that the allegation that the Petitioner had stored 34 bags of fertilizer would not come within the provisions of the Essential Commodities Act. Having considered the aforesaid, the application is allowed and the order dated 17.8.2010 passed by the Additional

Patna High Court Cr.Misc. No.42121 of 2010 dt.23-02-2016 2/2 Sessions Judge, Fast Track Court No.1, Samastipur in Criminal Revision No.387 of 2007 as well as the proceeding including the order dated 31.3.2007/2.4.2007 passed by the Sub Divisional Judicial Magistrate, Rosera in Trial No.513 of 2006 arising out of Hasanpur (Bithan) P.S. case No.32 of 1995 is hereby set aside. (Anjana Prakash, J) Narendra/- U T