IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33852 of 2011 Amerika Sah, Son of Hira Sah, resident of Village Sukhalahi, P.S. Mainatand, District West-Champaran. -------Petitioner Versus The State Of Bihar -----Opposite Party -------------- 02/- 25/10/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 353 of the Indian Penal Code and 7, 7(4)5, 28(1)a, 28(1)c, 35(1)a, 28(1)d F.C.O. Act, 1985 and 7 (1) (a) (ii) of Essential Commodity Act, is one of the named accused in this case with allegation of dealing with fertilizers and obstructed in inspection to be conducted by the informant, who are there in pursuance of directions received from his superior. Submission is that nothing was found, even if the petitioner could be in possession of the fertilizers up to ten metric tones, no license etc. was required. Whereas, in the instant case neither nothing was recovered nor seized from the possession of the petitioner, who is an agriculturist. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West-Champaran, in connection with Mainatand P.S. Case No. 34 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)