Saroj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64290 of 2021 Arising Out of PS. Case No.-267 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== Saroj Kumar Gupta S/O Late Upendra Prasad Gupta R/o village- Ward No. 03 Mohani, Mohni Sakrauli, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Nanpur P.S. Case No. 267 of 2021, registered for the offences punishable under Sections 419, 420 of the Indian Penal Code and section 7 of the Essential Commodities Act.

On the direction of District Agricultural Officer FIR, inspection was made on 14.08.2021 and during inspection, it was found that there was inconsistency in the available stock in the shop and stock in the e-POSS Machine and also found storage of huge stock of illegal fertilizers in the shop and thereafter the said fertilizer and other articles were seized. Thereafter, FIR was lodged against the petitioner being

Patna High Court CR. MISC. No.64290 of 2021(2) dt.23-05-2022 2/2 proprietor of M/s Hariyali Kheti Wari Kendra, Mohni, Mahua Gachhi. Thereafter, license of the shop of petitioner was also cancelled.

It is submitted that petitioner has been falsely implicated in this case. There is no prescribed limit of storage. At the time of inspection, petitioner was not present. Moreover, license of the shop of petitioner has also been cancelled. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sitamarhi in connection with Nanpur P.S. Case No. 267 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T