Awadhesh Bhagat v. The State of Bihar
Case at a glance
- Bench
- ARUN KUMAR JHA
Provisions considered
- Essential Commodities Act s. 7
- Seeds Act, 1966 s. 19
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr.Ashutosh Kumar, Advocate Mr.Parmeshwar Mehta ORAL ORDER 3 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
In the present case, the petitioner is apprehending his arrest in connection with Goraul P.S. Case No. 351 of 2023 registered for the alleged offences under Section 7 of Essential Commodities Act and Section 19 of Seeds Act, 1966.
As per prosecution case, the petitioner was found selling fertilizers, seeds and pesticides without any licence and recovery of 65 Kg of Urea, 12 Kg DAP and other fertilizers, seeds, pesticides were made from the shop of the petitioner.
The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is a farmer and he has kept the articles for his personal use. The petitioner has not been running any shop Patna High Court CR. MISC. No.78275 of 2023(3) dt.07-03-2024 and no measurement equipments were found from the place of occurrence. The petitioner has annexed the purchase receipt with the petition. There is no material to show that the petitioner has been running a shop at the place of occurrence and nothing incriminating has been recovered. The petitioner has got no criminal history.
Learned APP opposes the submission made on behalf of the petitioner.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material to corroborate the claim against the petitioner and further considering possibility of false implication, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Vaishali at Hajipur/court concerned in connection with Goraul P.S. Case No. 351 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:: (i) One of the bailors will be a close relative Patna High Court CR. MISC. No.78275 of 2023(3) dt.07-03-2024 of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (Arun Kumar Jha, J) V.K.Pandey/- 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.