Allowed

Vikram Kumar Agrawal @ Bikram Kumar Agrawal v. The State of Bihar

Patna HC12 Oct 2022CR. MISC./14201/2022

Case brief

AI extract

What is this about?

The Patna High Court enlarged the petitioner on anticipatory bail apprehending arrest in Forbesganj P.S. Case No. 1049 of 2021 involving alleged black marketing of fertilizers under the Essential Commodities Act, directing surrender within four weeks.

What did the court decide?

Direction to surrender within four weeks and enlargement on bail upon furnishing bond of Rs. 10,000 with two sureties.

Vikram Kumar Agrawal @ Bikram Kumar Agrawal Vs The State of… — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14201 of 2022

¶2

Arising Out of PS. Case No.-1049 Year-2021 Thana- FORBESGANJ District- Araria

¶3

======================================================

¶4

Vikram Kumar Agrawal @ Bikram Kumar Agrawal Son of Late Baijnath Agrawal Resident of Ward No. 06, Hospital Road, Near Jyoti Cinema, P.S.Forbesganj, District- Araria.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mohit Agarwal For the Opposite Party/s : Mr. Parmeshwar Mehta ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

¶9

3 12-10-2022

¶10

Heard learned counsel for the petitioner and learned APP for the State.

¶11

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Forbesganj P.S. Case no. 1049 of 2021 instituted for the offence under Sections 7(i)(a)(ii) of the Essential Commodities Act and clause 7 of the Fertilizers (control) Order.

¶12

As per allegation in the FIR, on getting secret information about the involvement of the petitioner in black marketing of fertilizers, a raid was conducted in his shop namely, Shree Ram Traders and it was found that there was storage of huge quantity of fertilizers without valid papers.

¶13

Learned counsel appearing on behalf of the petitioner

¶14

Patna High Court CR. MISC. No.14201 of 2022(3) dt.12-10-2022 2/3

¶15

has submitted that petitioner is innocent and has committed no offence. It is further submitted that the licence of the petitioner with respect to fertilizer and seeds were renewed from time to time by the concern department and at present the petitioner holds fertilizer renewed license and also the Seeds renewed license bearing renewal license No. 73 of 2020-21. The alleged stocks of fertilizers and seeds had just arrived and because of paucity of space due to maintenance in shop of the petitioner, the stock of fertilizers and seeds were temporarily unloaded at the godown and shifted in the main shop on the next day and thereafter the sale was to start after duly entering the same in the Books of Accounts of the petitioner before the start of sale on the next day. However, inspection was held till the late night and FIR was lodged. Thus the stock could not be entered in the Book of Accounts and the Inspecting Team has branded it to be stored in illegal godown. Petitioner has no criminal antecedent.

¶16

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

¶17

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of

¶18

Patna High Court CR. MISC. No.14201 of 2022(3) dt.12-10-2022 3/3

¶19

four weeks from today and in the event of his arrest or surrender in connection with Forbeasganj P.S. Case no. 1049 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

¶20

(Sunil Kumar Panwar, J)

¶21

amandeep/-

¶22

Vikram Kumar Agrawal @ Bikram Kumar Agrawal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikram Kumar Agrawal @ Bikram Kumar Agrawal v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dipak Chaudhary Vs the State of Bihar

Arbind Kumar Vs The State of Bihar

Navratan Jhunjhunwala Vs the State of Bihar

Chandan Kumar Vs The State of Bihar

Kaushal Kumar Singh @ Kausal Kumar Vs the State of Bihar

Surendra Saw Vs The State of Bihar