IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35665 of 2011
1. Binda Sah S/o Late Sitaram Sah
2. Mankeshwar Sah S/o Late Sitaram Sah
3. Abhay Singh S/o Sawaliya Bihari Singh
4. Teras Paswan S/o Late Sinhasan Paswan
5. Baleshwar Paswan S/o Jagar Paswan
Versus
The State Of Bihar
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2. 24.10.2011 The petitioners seek anticipatory bail as they
apprehend their arrest in Sahodara P.S. Case No. 35/2011 for
the offences alleged under Sections 7, 4, 5, 35 (1) (A) of the
Fertilizer (Control) Order, 1985, and 7 (1) (A) of the Essential
Commodities Act.
Learned counsel for the petitioners state and
submit that petitioner nos. 1 and 2 are full brothers and along
with five other brothers living in jointness, have cultivable
land to the extent of 16 bighas for which the quantity of
Fertilizers and Urea (73 + 92 bags) had been stored for
agricultural purposes and not for the purpose of black
marketing or smuggling as alleged.
It is further stated that petitioner no. 3 and his
two laborers (petitioner nos. 4 and 5) have also stored Urea
(25 + 18 + 7 bags) for agricultural purposes in respect of 16
bighas of land.
The entire quantity of Fertilizers and Urea has
been recovered in course of raid conducted on 19.08.2011
from the houses of the petitioners separately. The purpose for
which the goods were stored being agricultural purpose is
sought to be supported with respect of the rent receipts of the
land and also the purchase invoices.
Learned counsel for the State appears and is
heard. He is unable to show that the amount of recovery of
Fertilizers and Urea could be said to be unreasonable,
considering the aggregate area and extent of cultivable land as
supported by rent receipts and the purchase invoices.
In view of the aforesaid facts and circumstances,
in the event of their arrest or surrender before the court below
within six weeks from the date of production/ receipt of a
copy of this order, let the above named petitioners be released
on bail on furnishing bail bonds of Rs.10,000/- (ten
thousand) each with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Bettiah, West
Champaran in connection with Sahodara P.S. Case No.
35/2011, subject to the conditions as laid down under
Section 438(2) Cr.P.C.
Fahad. ( Vikash Jain, J. )