Bechan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54743 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== BECHAN PRASAD Son of Jhuman Sah @ Jhumak Sah Resident of village - Belaon, Post - Kheranda, P.S. - Belaon, District - Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujit Kumar, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 7 of Fertiliser (Control) Order, 1985 and section 3 of Essential Commodities Act 1955. The allegation against the petitioner is that he was involved in selling fertilizer at the higher price and that too without providing its receipt to the farmers. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. Petitioner has no criminal antecedent. It is submitted that petitioner is the license holder of the shop and not a single consumer has come

Patna High Court CR. MISC. No.54743 of 2022(3) dt.23-01-2023 2/2 forward to say as to whom the petitioner has sold fertilizer at higher rates. It is further submitted that license of the petitioner was suspended by the concerned Authorities.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since license of the petitioner has been suspended, 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 Court in connection with Bhagwanpur (Belaon) P.S. Case No.175/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T