Anil Bhagat @ Anil Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50872 of 2016 Arising Out of PS.Case No. -101 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ====================================================== Anil Bhagat @ Anil Kumar Bhagat son of Paltu Bhagat, resident of VillageKasba, P.S. Shambhuganj, Distt.-Banka. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 7 of the Essential Commodities Act. Allegation is that on raid by B.D.O. and C.O. 50 bags of IFFCO fertilizer were recovered from the house of petitioner. It is submitted on behalf of the petitioner that he has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. Petitioner has been made accused due to mistake of fact. He is an agriculturist. The said fertilizer was purchased by him for his personal consumption. The purchased receipts are Annexures-2 and 3 to the present application. On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case no. 101 of 2016, subject to the conditions

Patna High Court Cr.Misc. No.50872 of 2016 (2) dt.29-11-2016 2/2 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T