Vinay Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59018 of 2021 Arising Out of PS. Case No.-471 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== VINAY KUMAR CHAUDHARY Son of Sri Yamuna Chaudhary Resident of Village - Saraiya, P.S.- Sahebganj, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K.Agrawal, Sr. Adv.

Mr.Amresh Kumar Sinha, Adv.

Ms.Preety Kunwar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420 of the Indian Penal Code and sections 7, 7(1), (a)(1) of the Essential Commodities Act. Petitioner is alleged to have shown sell of 554 bags of urea in the name of his son who is an agriculturist. It is also alleged that petitioner has sold fertilizers to other agriculturist also which shows black marketing of fertilizers. It is submitted by learned senior counsel for the petitioner

Patna High Court CR. MISC. No.59018 of 2021(2) dt.04-07-2022 2/2 that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is a retail dealer and is supposed to sale fertilizer to an agriculturist. It is further submitted that after institution of the present case, license of the petitioner has been cancelled by the District Agriculture Officer, Muzaffarpur. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the license of the petitioner has been canceled, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sahebganj P.S. Case No.471 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T