Bigu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73406 of 2022 Arising Out of PS. Case No.-267 Year-2022 Thana- PIPRA District- East Champaran ====================================================== BIGU PASWAN Son of Ganaur Paswan Resident of Village- Khairi Mal, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned 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.

The allegation against the petitioner is that from the house of the petitioner 45 bags of compost was recovered, the petitioner manages to escape and has also got no license for sale of compost.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is a farmer and he stored 7 bags

Patna High Court CR. MISC. No.73406 of 2022(2) dt.24-03-2023 2/2 of the compost in his house for his own agriculture use. The villagers of the petitioner also kept their compost for their agriculture use in the house of the petitioner as their land is near by the house of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, perusal of the records and the impugned order, 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 Pipra P.S. Case No. 267 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T