BHGWAN DAS @ BHAGWAN DAS SAW v. THE STATE OF BIHAR
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 409, 419, 420
- Essential Commodities Act s. 7
- Fertilizer Control Act, 1985 ss. 3, 4
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Prakash Mahto, Advocate Mr. Parmeshwar Mehta, APP ORAL ORDER 6 20-06-2023 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 Sections 419, 420 and 409 of the Indian Penal Code and under Section 7 of the Essential Commodities Act and under Section 3 /4 of the Fertilizer Control Act, 1985. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has a license to run a fertilizer shop, it is next submitted that allegation is of selling 55 bags of Urea in the name of his father, daughter and wife. Learned counsel for the petitioner next submits that the father of the petitioner is a farmer and has land and thus the petitioner has sold the Urea to his family members on different Patna High Court CR. MISC. No.74442 of 2022(6) dt.20-06-2023 dates and maintained the same in his records. Learned counsel for the petitioner next submits that if petitioner had any intention of black marketing then he would not have maintained the records of Urea in the name of his family members. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 529 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.