Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53751 of 2022 Arising Out of PS. Case No.-194 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== Nitish Kumar Son of Bijay Nandan Mishra Resident of Village - Marpa Sirpal, P.s.- Majorganj, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Ashok Kumar Jha, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 7 of Essential Commodities Act.

As per prosecution case, on the basis of confidential information the informant along with Block Development Officer and others raided the fertilizer shop of the petitioner where 2 trucks were found loaded with urea. It is alleged that the petitioner was storing urea fertilizer for the purpose of black marketing.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is licensee of the said shop and only on

Patna High Court CR. MISC. No.53751 of 2022(2) dt.21-12-2022 2/2 suspicion he has been made accused in this case. After institution of the present case the license of the petitioner has been suspended by the District Agriculture Officer, Sitamarhi. Petitioner is neither owner of the trucks in question nor concerned with the alleged recovery from the truck or the rooms. In fact, petitioner stored 79 bags of fertilizers in his stock and 107 bags were given to him on Jimmenana which were seized in connection with Majorganj P. S. Case No. 178 of 2022.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in Majorganj P. S. Case No. 194 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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