IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12133 of 2010 Laxman Prasad, son of Satya Narayan Prasad, resident of Village- Madhwapur, P.S. Madhwapur, District-Madhubani. ………Petitioner. Versus The State of Bihar ………………………….Opposite Party. For the petitioner :- Mr. N. K. Agrawal, Sr. Advocate. Mr. D. N. Tiwary, Advocate. For the State :- Mrs. Rita Verma, A.P.P. ----------- 2. 05. 05. 2010. Heard the parties. In a criminal prosecution for offence under Section 3 read with Section 7 of the Essential Commodities Act, the allegation is that 140 bags of IFFCO fertilizer were found loaded on a truck and were seized before reaching the business premises of the petitioner. It is submitted by the learned counsel for the petitioner that, though he is licensee for dealing in fertilizer, but he was not authorised to sale or purchase of IFFCO fertilizer. It is further submitted that whatever allegation may be there, according to the Government Notification licence is not required to be obtained under the Fertilizer Control Order for dealing with the fertilizer up to ten metric tons and seized fertilizer would be within the limit of ten metric tons and therefore, no offence is made out. Be that as it may, in the facts and circumstances of the case, in the event of his arrest/surrender in connection with Saharghat P.S. Case No. 90/2008, within a period of four weeks from today, the petitioner, namely, Laxman Prasad, shall be 2 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 Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)