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Patna High Court - Orders

Ramnandan Prasad vs The State Of Bihar on 29 August, 2019

Author: Anil Kumar Upadhyay

Bench: Anil Kumar Upadhyay

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52976 of 2019
                       Arising Out of PS. Case No.-594 Year-2018 Thana- MASAUDHI District- Patna
                 ======================================================
                 RAMNANDAN PRASAD S/o Late Mathura Prasad Proprietor of M/s Shanti
                 Mission, Resident of Village- Raghunathpur, P.O.- Nadwan, P.S.- Dhanarua,
                 District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ran Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
                                       ORAL ORDER

2   29-08-2019

Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Masaurhi P.S. Case No. 594 of 2018 for the offenses under Sections 406/420 of the Indian Penal Code read with Sections 7(1)(a)(ii) of the Essential Commodities Act, 1955 and Rule 28(1) (a), 35(1) (a) (b) of FCO Act, 1985.

The allegation against the petitioner is that he was selling fertilizer without proper licence.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. The petitioner has valid licence and, therefore, the allegation against the petitioner is out and out false. The petitioner is aged about 70 years. The Patna High Court CR. MISC. No.52976 of 2019(2) dt.29-08-2019 2/2 petitioner is in custody since 25.6.2019.

Considering the fact that the petitioner has no criminal antecedent, he is aged about 70 years and according to the counsel for the petitioner, the petitioner has valid licence, let the petitioner, above named, 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 SDJM, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 594 of 2018, subject to verification of the licence by the court below.

(Anil Kumar Upadhyay, J) spandey/-

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