IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4783 of 2009 MOHAN RAM, son of late Bhagwat Ram, Resident of Wazirganj, P.S. Wazirganj, district Gaya Versus STATE OF BIHAR ----------- 02/ 07.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 7 of the Essential Commodities Act, as he was found dealing in fertilizer in the name of M/s Lohani Traders without any licence. It is submitted on behalf of the petitioner that seizure was made of 40 bags of fertilizer. It is further submitted that petitioner has nothing to do with the place of seizure where seizure of 40 bags of fertilizer was made as his own fertilizer shop is in the name of M/s Wazirganj Khad Bhandar which has no connection with M/s Lohani Traders. It is also submitted, with reference to the government order, bearing Notification No. 5/F-45/90-8970 dated 17.10.1992, that those who are dealing in fertilizer to the extent of 10 Metric Tons-200 bags of 50 Kilograms each or less, are not required to possess any licence under the Fertilizer Control Order, 1985. Such order has been placed on record by annexing the same as Annexure-2. Let the petitioner surrender in the court below within four weeks from today and apply for regular bail, which should be considered in the light of Annexure-2 after verifying the same 2 from the informant or the competent authority of the State Government. Until such verification is made no coercive steps be taken against the petitioner and if ultimately the contents of Annexure-2 to this application is found correct and applicable to the petitioner, he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the C.J.M., Gaya in connection with Wazirganj P.S. Case No. 278 of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C., failing which court below shall pass orders in accordance with law. Until receipt of the petition from this Court, petitioner is at liberty to file a fresh copy of this petition before the court below. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)