Munna Singh @ Niraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66470 of 2022 Arising Out of PS. Case No.-335 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Munna Singh @ Niraj Kumar Singh Son Of Late Awadhesh Singh Resident Of Village And P.O.- Dumra, P.S.- Kotwa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 353 of the Indian Penal Code and Section 7(i) (a) (ii) of the E.C. Act, 1955. The allegation against the petitioner is of selling and storing the fertilizer in absence of license. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to business rivalry. He further submits that the petitioner has kept 48 bags of Urea in his house, as per the seizer list. Learned counsel for the petitioner further submits that the petitioner is a farmer and has mentioned in para-10 that the 15 acres land belong to the petitioner, but he submits that

Patna High Court CR. MISC. No.66470 of 2022(2) dt.25-02-2023 2/2 this should be read as 15 Bigha land belong to the petitioner and therefore, he kept the said fertilizers in house. He further submits that the petitioner has no criminal antecedent. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Kotwa P.S. Case No. 335 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Arish/- U