Bal Kishor Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27026 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- JANKINAGAR District- Purnia ====================================================== BAL KISHOR BHAGAT S/o- LAKSHMAN PRASAD VILLAGE BINOBAGRAM ABHAYRAMPUR WARD NO 01 PS JANKINAGAR DISTRICT PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Yadav For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Jankinagar P.S. Case No. 5 of 2023 registered for the offence under Fertilizer Control Order, 1985, Sec. 7, Section 7 of EC Act, sections 3(2)(d), FCO 7, Term and Condition 40F From BECA, ECA 3(2) and 7(i)(a)(ii) FCO 22(a), ECA 32(d). Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. As a matter of fact the petitioner had purchased the seized articles for the purpose of agricultural use because he cultivates maize and wheat plant in his field. The present first information

Patna High Court CR. MISC. No.27026 of 2023(2) dt.07-07-2023 2/2 report has been lodged after 4 days of the alleged occurrence without any explanation for the same. Petitioner has clean antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named, is directed to be released on bail on furnishing personal bond to the satisfaction of Sub Divisional Judicial Magistrate, Purnea in connection with Jankinagar P.S. Case No. 5 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) mcv/- U T