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Patna High CourtCR. MISC./43971/2026allowed

Deepak Narayan @ Deepak Narayan Singh @ Deep Narayan Singh v. The State Of Bihar

2026-07-08Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43971 of 2026 Arising Out of PS. Case No.-123 Year-2025 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== Deepak Narayan @ Deepak Narayan Singh @ Deep Narayan Singh S/o Late Kapildeo Singh R/o Village - Dharaut, PS - Barabar Tourism, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Saobiya Mushtaque, Advocate Mr. Yasir Ashraf, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Barabar Tourism P.S. Case No. 123/2025, registered for the offences punishable under Sections 7 E.C Act and F CO 7 & 7(i), (a),(ii) Fertilizer Act.

3. The informant on a tip off regarding black marketing of fertilizer conducted raid in the shop of the petitioner and found that despite having expiry of the license of selling fertilizer, the petitioner has sold a huge quantity of Urea to the tune of 35.25 mt.

4. Learned Advocate for the petitioner submitted that admittedly the petitioner had been running shop after getting

Patna High Court CR. MISC. No.43971 of 2026(2) dt.08-07-2026 2/3 proper license, which expired on 31.03.2024, and subsequently he applied for renewal of the license on 04.08.2025. In the meantime, the informant has conducted raid and based upon a incorrect material instituted the present FIR. It is the contention of the petitioner since the informant does not intend to extend or renew the license in favor of the petitioner for this reason, some altercation took place and in order to wreak vengeance and put pressure, the present FIR came to be instituted. Initially considering the nature of the allegation, during the course of investigation, the petitioner was extended the benefit under Section 35(3) of B.N.S.S. but later on, the charge sheet has been submitted and cognizance has been taken under Section 7 E.C Act.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner was found indulge in black marketing of huge quantity of Urea.

6. Regard being had to the submissions made on behalf of the parties and considering the fact the petitioner was all along extended benefit of 35(3) of the B.N.S.S., coupled with the fact that the application of the petitioner for renewal of the license of shop was pending consideration, besides the

Patna High Court CR. MISC. No.43971 of 2026(2) dt.08-07-2026 3/3 petitioner carries fair antecedent, let the petitioner above-named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jehanabad in connection with Barabar Tourism P.S. Case No. 123/2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) siddharth/- U T