IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2654 of 2010 1.RAMESHJI PRASAD 2.Gopalji Prasad both are resident of Mohalla Bata More, P.S. Maharajganj, Dist. Siwan ….. Petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners : Mr. Sudhir Singh, Advocate For the State: Mr. Amitesh Kumar, A.P.P. ------------ 3 4.5.2010 Heard the parties. In a criminal prosecution for offence under section 7 of the E.C. Act, the petitioners are alleged to have violated the provisions of Fertilizer Control Order 1985 as certain quantity of fertilizer was found in their shop, but they had no license for the same. It is submitted by learned counsel for the petitioners that the fertilizer which has been seized from the shop of the petitioners is well within the exempted quantity of 10 M.T. and, therefore, the petitioners cannot be said to have violated the provision of Fertilizer Control order 1985. It is further submitted that in fact they are not the dealer rather they are farmers and fertilizer in question was for their own use. In the aforesaid facts and circumstances, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged - 2 - on bail on furnishing bail bonds of Rs. 10,000/( ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Siwan in connection with Maharajganj P.S. Case no. 147 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman