Kaushal Kishore Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63464 of 2021 Arising Out of PS. Case No.-157 Year-2021 Thana- PATAHI District- East Champaran ====================================================== KAUSHAL KISHORE PANDEY Son of Yadavlal Pandey Resident of Village- Pachgachhiya, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 28(i), (a) and 7 of the Fertilizer Control Order Act and Sections 7(1), (a)

(1) of the Essential Commodities Act (E.C. Act). Prosecution case is that Ruchi Devi wife of Proprietor purchased 50 bags Uriya in absence of proprietor and distributed the same to the farmers.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that in fact Uriya was distributed amongst consumers attached with the fair price shop of the petitioner, and there has never been complaint about non-

Patna High Court CR. MISC. No.63464 of 2021(2) dt.18-05-2022 2/2 supply/distribution of fertilizer from the side of any of his consumers. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 CJM, Motihari, East Champaran in connection with Patahi P.S. Case No. 157 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T