IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6623 of 2009 1. Ratan Prasad, son of Yogendra Prasad 2. Bipin Prasad, son of Yogendra Prasad Both resident of Village- Mari, P.S. Bathnaha, District- Sitamarhi. ………………………………….Petitioners. Versus The State of Bihar ……………………………Opposite Party. ----------- 2. 26. 03. 09. Heard learned counsel for the petitioner and the State. The petitioners apprehend their arrest in connection with Sitamarhi P.S. Case No. 604 of 2008, for offence under Section 7 of the Essential Commodities Act. Allegation against the petitioners is that they had supplied duplicate fertilizer to the informant. It is submitted on behalf of the petitioners that by order of the District Magistrate, the District Agriculture Officer, Sitamarhi sealed the shop of M/S Pashupati Traders which is owner of Petitioner No. 1 and Petitioner No. 2 is the brother of Petitioner No.1 and he has no concern with the business of the Petitioner No.1. Later on, the shop was opened and a seizure list was prepared by the Authority. From perusal of the seizure list of the shop of Petitioner No. 1, it is apparently clear that so-called purchased fertilizer by the informant namely single super phosphate of Paras was not seized from the shop of Petitioner No. 1. It means that informant obtained the so-called fertilizer namely single super phosphate of Paras from another places and lodged the present case against the petitioners only with a view to harass them. Learned A.P.P. for the State is not in a position to refuse the - 2 - same. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners namely, Ratan Prasad and Bipin Prasad shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 604 of 2008, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)