Anshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.684 of 2022 Arising Out of PS. Case No.-301 Year-2021 Thana- FALKA District- Katihar ====================================================== ANSHU KUMAR S/o Aman Kumar @ Aman Kumar Jayaswal Resident of Village- Ward No.8, Vishwanath Nagar, P.S.- Falka, District- Katihar, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agarwal, Sr. Advocate Ms. Preety Kunwar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 7 of the E.C. Act and Section 420 of the Indian Penal Code. The present F.I.R. was instituted based on the letter dated 28.08.2021 alleging that petitioner has an illegal godown in his house and is selling urea without PoS machine. Learned senior counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a retail dealer of fertilizers since 2016. It is next submitted that the PoS machine was setup in the shop and the present F.I.R. came to be instituted even without verifying the facts correctly, it is further
Patna High Court CR. MISC. No.684 of 2022(2) dt.04-08-2022 2/2 submitted that because of this false case, license of the petitioner has been suspended, further none of the farmers ever complained that the petitioner was selling urea in black. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned senior counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each 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 Falka P.S. Case No. 301 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T