Patna High CourtCR. MISC./48179/2017allowed

Hemant Raj v. The State Of Bihar

2017-12-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.48179 of 2017 (3) dt.07-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48179 of 2017 Arising Out of PS.Case No. -317 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Hemant Raj , Proprietor M/s Shri Dhanlakshmi Enterprises @ M/s Sri Dhanlakshmi Fertilizer, Mill Road, Nawada, Ara, Son of Pulendra Singh, R/o Mohalla- Maruti Nagar, P.S.- Ara Nagar (Town), District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Makardhwaj Upadhyay For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ara Nawada Police Station Case No. 317 of 2017, disclosing offences under Section 7 E.C. Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be authorized dealer of Zuari Agro Chemicals Ltd., which deals with fertilizer products, having valid license. The fertilizer which was said to be downloaded in petitioner godown was legal and valid and to that effect challan and invoice have been annexed as annexure-2. No case under Section 7 of the E.C. Act

Patna High Court Cr.Misc. No.48179 of 2017 (3) dt.07-12-2017 is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Nawada Police Station Case No. 317 of 2017, subject to the laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T