Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57134 of 2021 Arising Out of PS. Case No.-588 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== MUNNA KUMAR S/o- Rajdeo Sah @ Raj Deb Sah Resident of VillageBasra Kazi, Saraiya, P.S.- Saraiya (Jaitpur O.P.), District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in Saraiya (Jaitpur O.P.) P.S. Case No. 588 of 2020 registered under Section 7(1)(a)(i) of the E.C. Act.

Allegedly, the petitioner being retail fertilizer licensee dealer, sold 34.33 M.T. urea fertilizer to one Abhishek Kumar for the purpose of black marketing, amounting to violation of Fertilizer Control Order.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The

Patna High Court CR. MISC. No.57134 of 2021(2) dt.01-04-2022 2/2 petitioner happens to be authorized dealer of fertilizer. 34.33 M.T. of urea is said to have been sold by the petitioner. There has been no violation of Control Order. It is further submitted that the petitioner is ready to deposit an amount of Rs. 50,000/- in the court below which shall be subject to final outcome of the case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 50,000/- in the court below which shall be subject to final outcome of the case. On doing so, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 588 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T