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