Md. Shamim @ Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58274 of 2022 Arising Out of PS. Case No.-256 Year-2021 Thana- KOCHAS District- Rohtas ====================================================== Md. Shamim @ Shamim Son of Late Md. Harun Rasid @ Harun Rasid Resident of village - Parsathua, P.s.- Parsathua, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and sections 7(1),(4) and (2) of the Essential Commodities Act.

As per the prosecution case, 59 bags of IFFCO Urea, Forate 10G-42 KG and Bentonite Sulphur (Koromandal) 22 KG were found in the godown of the petitioner. It is further alleged that petitioner purchased the seized IFFCO Urea for Rs. 300/- per bag for farmer and he used to sell the same @ Rs. 330/- per bag.

It is submitted that only on suspicion petitioner has been made accused in this case. Entire allegation is false and

Patna High Court CR. MISC. No.58274 of 2022(2) dt.16-03-2023 2/2 concocted. Petitioner is license holder of Hindustan Traders as retailer since long, but no complain has been raised by anyone. Petitioner is having valid license till September, 2026 and he used to renew his license from time to time. Petitioner claims clean antecedent.

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 Rohtas, Sasaram in connection with Kochas (Parsathua OP) P.S. Case No. 256 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