Arun Kumar Mandal @ Bablu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53954 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- PRATAPGANJ District- Supaul ====================================================== ARUN KUMAR MANDAL @ BABLU MANDAL Son of Mangulal Mandal Resident of village - Bhawanipur, ward no. 5, P.S. - Pratapganj, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arvind Kumar, Adv.

Ms. Diksha Kumari, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act, 1955.

3. Allegedly, a pick-up Van loaded with 60 bags fertilizer has been seized by raiding team. The apprehended driver disclosed that the seized vehicle belongs to one Ravindra Yadav and thereafter, when Ravindra Yadav being asked, he replied that this pick up van was hired by one Amar Poddar on rent to bring urea fertilizer from Pratapgarh. It is further alleged that 60 bags of fertilizer were loaded from the

Patna High Court CR. MISC. No.53954 of 2023(4) dt.30-01-2024 2/3 shop of the petitioner.

4. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is bonafide retail license holder of fertilizer for 15 years. His license has also not been suspended or cancelled by the concerned authorities till date. He has no role in the alleged occurrence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, 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

Patna High Court CR. MISC. No.53954 of 2023(4) dt.30-01-2024 3/3 Court in connection with Pratapganj P.S. Case No. 30 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T