Krishna Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71576 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- MAKER District- Saran ====================================================== KRISHNA RAI SON OF LATE KALIKA RAI RESIDENT OF VILLAGETHAHARA, P.S- MAKER, DIST- SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kashyap, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2022 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 Section 7 of the Essential Commodities Act, 1955, Section 420 of the IPC and Section 3(3) of the Fertilizer Control Order, 1985. It is a case of black-market of fertilizer in the open market by the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner's shop has been inspected on 24.08.2021 but the FIR has been instituted on 29.08.2021/30.08.2021 after a delay of 5/6 days that two without any explanation for such delay which goes to show that
Patna High Court CR. MISC. No.71576 of 2021(2) dt.20-07-2022 2/2 after much bargaining, when the petitioner failed to full the illegal demand of the Block Agriculture Officer, Marhowrah, Saran and other authorities, he has been implicated in this case. He further submits that there was no question of blackmarketing of the fertilizer. Learned APP appearing for the State opposed the 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 SDJM, Saran, Chapra in connection with Maker P.S. Case No. 162 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