Ranjeet Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1238 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1238 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -BUNIADGANJ District- GAYA ====================================================== Ranjeet Kumar, Son of Sri Bhagbat Prasad, resident of Village- Sadipur, P.S.- Buniyadganj, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Mr. Ravi Ranjan, Advocate.

For the Opposite Party/s : Mr. Sri Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buniyadganj P.S. Case No. 126 of 2017 registered under Section 7 of the Essential Commodities Act.

The accusation is that while the period of license of "Kishan Krishi Kendra" engaged for selling the fertilizers was expired on 31.03.2016. Instead of that on search 11 bags of urea, 2 bags of Potash, 4 bags of Sulfate and Pesticide were recovered from the house of petitioner, Ranjeet Kumar.

Learned counsel for the petitioner submits that, in fact, Srikant, brother of petitioner, was proprietor of "Kishan Krishi

Patna High Court Cr.Misc. No.1238 of 2018 (2) dt.11-01-2018 Kendra" for selling the fertilizer and the period of licene expired on 31.03.2016, but the petitioner being the brother of Srikant has falsely been implicated in this case. Moreover, the quantity of Fertilizers and Pesticides, as detailed in the F.I.R., is of small quantity which is generally kept by farmer of agriculture. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Gaya, in connection with Buniyadganj P.S. Case No. 126 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T