Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.549 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- SUPAUL District- Supaul ====================================================== RAJ KUMAR SAH Son of Ram Chandra Sah Resident of Village- Bairo, P.O.- Bairo, P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 7 of the Essential Commodities Act. Allegedly, fertilizer was being sold by the dealer at a higher price as fixed by the government.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The petitioner is engaged in the business of sale of fertilizer and has got valid license of his shop. It is submitted that petitioner is made accused in this case on the basis of the complaint filed by the farmers that the petitioner sold fertilizers

Patna High Court CR. MISC. No.549 of 2023(2) dt.04-02-2023 2/2 on high price. He further submits that later on, the complainant and farmers have filed an affidavit stating therein that he has not filed any complaint against the petitioner.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner to sell fertilizers at higher rate as fixed by Government. Having regard to the facts and circumstances of the case, considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and seek regular bail, learned court below is directed to pass order on the same day, without being prejudiced of dismissal of this application. (Anjani Kumar Sharan, J) pallavi/- U T