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2023 Supreme(Online)(Pat) 7963

PATNA HIGH COURT
ARCHANA KUMARI – Appellant
Versus
The State – Respondent
CR. MISC./59500/2022



A person accused of an offence is entitled to bail if they are a respected person with no criminal antecedent and have been falsely implicated in the case.

Headnote:

BAIL - FERTILIZER CONTROL ORDER, 1985 - SECTION 3(3), 4, 5 AND 35(A) - ESSENTIAL COMMODITIES ACT - SECTION 7 - BAIL GRANTED TO A RESPECTED LADY WITH NO CRIMINAL ANTECEDENT

Fact of the Case:

The petitioner, a respected lady with no criminal antecedent, apprehends arrest in connection with a case registered under Sections 3(3), 4, 5 and 35(a) of the Fertilizer Control Order, 1985 and Section 7 of the Essential Commodities Act.

Finding of the Court:

The court found that the petitioner is a respected lady with no criminal antecedent and that she has been falsely implicated in the present case.

Issues: Whether the petitioner should be granted bail in the present case.

Ratio Decidendi: The court held that the petitioner is entitled to bail as she is a respected lady with no criminal antecedent and that she has been falsely implicated in the present case.

Final Decision: The court granted bail to the petitioner on furnishing personal bond to the satisfaction of the Sub-Divisional Judicial Magistrate, Barh.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59500 of 2022

Arising Out of PS. Case No.-30 Year-2020 Thana- SAKSOHRA District- Patna

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

ARCHANA KUMARI Wife of Kundan Kumar R/O Village- Darve, P.S.-

Bhadaur, District- Patna, presently residing at Jagdishpuram Colony, P.S.-

Padrauna, District- Kushinagar(Uttar Pradesh)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Ms. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP

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

CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA

ORAL ORDER

2

03-01-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner apprehends her arrest in connection with

Saksohra P.S. Case No. 30 of 2020 registered under Sections

3(3), 4, 5 and 35(a) of the Fertilizer Control Order, 1985 and

Section 7 of the Essential Commodities Act.

Learned counsel appearing on behalf of the petitioner

submits that petitioner is innocent and has falsely been

implicated in the present case. Further submission is that

petitioner is a respected lady having no criminal antecedent.

Having considered the facts and circumstances of the

case, let the above named petitioner be released on bail, in the

event of arrest or surrender before the learned court below

Patna High Court CR. MISC. No.59500 of 2022(2) dt.03-01-2023

2/2

within a period of four weeks from today, on furnishing personal

bond

to

the

satisfaction

of

the

Sub-Divisional

Judicial

Magistrate, Barh in connection with Saksohra P.S. Case No. 30

of 2020, subject to the condition as laid down under Section

438(2) of the Cr. P.C.

utkarsh/-

(Arvind Srivastava, J)

U

T

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