Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26809 of 2022 Arising Out of PS. Case No.-52 Year-2022 Thana- OBRA District- Aurangabad ====================================================== Manish Kumar Son Of Amod Prasad R/O- Apna Market, Dihra, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 7, 7(1)(a)(ii) of the Essential Commodities Act.

Prosecution case, in short, is that during course of inspection 27 bags containing 45 kg fertilizer in each bag having emblem of IFFCO were recovered from the shop of the petitioner and the petitioner has no valid license for the sell of fertilizer.

Patna High Court CR. MISC. No.26809 of 2022(2) dt.14-11-2022 2/3 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged urea, which is said to have been recovered, was for the personal use of the petitioner and not for sale. It has further been submitted on behalf of the petitioner that the petitioner is ready to deposit an amount of Rs.10,000/- (ten thousand) in the court below, which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner is directed to deposit an amount of Rs.10,000/- (ten thousand) in the court below, which shall be subject to the final disposal of the case. On doing so, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, District Aurangabad in connection with Obra P.S. case

Patna High Court CR. MISC. No.26809 of 2022(2) dt.14-11-2022 3/3 No.52/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T