Dinesh Yadav @ Dinesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45668 of 2025 Arising Out of PS. Case No.-211 Year-2023 Thana- ARARIA District- Araria ====================================================== Dinesh Yadav @ Dinesh Kumar Yadav S/o Paras Yadav @ Parasnath Yadav Resident of Village-Bhadwar, P.O-Ratnupur, P.S- Chandwat, District-Jaunpur (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-08-2025 Heard Mr. Krishna Prabhat, learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria R.S. P.S. Case No. 211 of 2023 instituted for the offence under Section 7 of Essential Commodities Act and 7 FCO Act.

3. The case of the prosecution is that on a pick up van, 158 packets of fertilizer was found. The driver managed to escape.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that name of this petitioner has come in this case as he is the owner of the

Patna High Court CR. MISC. No.45668 of 2025(2) dt.04-08-2025 2/2 vehicle. He has also submitted that he is not concerned in any way with the alleged fertilizer. The vehicle was being used by his driver. Moreover, he is not a PDS dealer or does not deal in fertilizer, as such, E.C. Act is also not attracted against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Araria R.S. P.S. Case No. 211 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Shubham/- U T