Arun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49743 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== ARUN CHAUDHARY, Son of Rajendra Chaudhary, Resident of Village - Jorabarganj, Ward No.10, P.s.- Kumarkhand, Distt.- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Wasi Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks regular bail in connection with Kumarkhand P.S. Case No. 58 of 2022 for the offence registered under Sections 3/7 of Fertilizer Act, 1985 and Section 7 of E.C. Act.

The allegation against the petitioner is that from the house of petitioner fertilizer and other materials have been recovered which were kept without having any license in this regard from the competent authority accordingly, it is presumed that petitioner was selling the same without any licence.

Patna High Court CR. MISC. No.49743 of 2022(2) dt.13-12-2022 2/2 Learned counsel for the petitioner submits that petitioner is a farmer and seized items were meant for his personal use and not to sell in the market. It is further submitted that the investigation of the case is already completed and charge-sheet has been submitted. Charge has been framed on 18.06.2022 and the trial is going on. The petitioner is languishing in jail since 28.03.2022. Petitioner has two criminal antecedent in which he is on bail.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-V, Madhepura, in connection with Kumarkhand P.S.

Case No. 58 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T