The High Court of Patna allowed the petitioner's anticipatory bail application in a case involving allegations of selling adulterated fertilizer, directing him to execute a bail bond of Rs. 10,000 with two sureties within four weeks.
Petitioner enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of like amount within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.63742 of 2018
Arising Out of PS. Case No.-242 Year-2018 Thana- GHORASAHAN District- East
Champaran
======================================================
Chandan Kumar Son of Vishanath Prasad Resident of Village-Lain Baswaria, P.S. Ghorasahan,Distt.-East Champaran
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anshu Dhar Sharma, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
2 06-12-2018
Heard learned counsel for the petitioner as well as
learned A.P.P.
The petitioner apprehends his arrest in Ghorasahan P.S. Case No. 242/2018, registered for the offences punishable under Sections 419, 420 and of the Indian Penal Code, section 7 of E.C. Act and section 63 of the Copyright Act.
Informant who is Fertilizer Inspector-cum-Block Agriculture Officer filed written report on 21.06.2018 disclosing therein that as communicated by the S.D.O., Sikrahana, Dhaka under letter no. 583 dated 20.06.2018 he has come to know that anti social elements are being engaged in selling adulterated fertilizer, which has been seized whereupon, he reached at Ghorasahan P.S. on 21.06.2018 where he was known to the fact that on 20.06.2018 at about 6.30 p.m. 07 bags of adulterated
Patna High Court Cr.Misc. No.63742 of 2018(2) dt.06-12-2018 2/2
D.A.P. fertilizer and 05 pcs. of new bags having monogram of Paras D.A.P. has been seized from the shop of Kunal Singh, 25 bags of adulterated D.A.P. and 24 pcs. of bags of Paras D.A.P. has been seized from the shop of Chandan Kumar. Furthermore, from the seizure list, it is evident that it was prepared on 20.06.2018 having no signature of the petitioner.
That being so, petitioner Chandan Kumar in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikarahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 242/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The aforesaid order will be subject to outcome of Constitution Bench decision of the Apex Court relating to Sushila Aggarwal & Ors. vs. State (NCT of Delhi) & Anr. reported in (2018) 7 Supreme Court Cases page 731.
(Aditya Kumar Trivedi, J)
vinita/- U T
1 issue framed by the court
Whether the petitioner is entitled to bail under an anticipatory bail application given apprehension of arrest in a fertilizer adulteration case.
Colour shows how this judgement treated each authority
Sushila Aggarwal & Ors. vs. State (NCT of Delhi) & Anr reported in (2018) 7 Supreme Court Cases page 731.Referred¶16
1 provisions across 1 enactments
Chandan Kumar
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
