IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11924 of 2010 Sri Ram Sharan Prasad @ Ram Sharan Prasad Verma, son of Sita Ram Prasad Verma, resident of Village- Jaana, P.S. Cheria, Bariarpur, District- Begusarai. ……….Petitioner. Versus The State of Bihar …………………………Opposite Party. For the petitioner :- Mr. N. K. Agrawal, Sr. Advocate. Mr. D. N. Tiwari, Advocate. For the State :- Mr. Md. Mustaque Alam, A.P.P. ----------- 2. 29. 04. 2010. Heard the parties. In a criminal prosecution for offence under Section 7 of the Essential Commodities Act, it is alleged that petitioner, being a dealer, had lifted hundred bags of D.A.P. fertilizer, out of which he had sold thirteen bags of fertilizer, but on verification of stock only seventy nine bags of D.A.P. fertilizer were found in the stock and therefore, it was suspected that eight bags of fertilizer have been sold in black market. Learned counsel appearing on behalf of the petitioner submits that entire prosecution case is based on suspicion and surmises and there is no material to show that fertilizer in question were sold in black market by the petitioner. In fact, the petitioner had distributed the fertilizer in question amongst farmers, but he could not maintain the record, and therefore there was some shortage and as such it may be a case of non-maintenance of up-to- date and correct stock register. It is further submitted that petitioner has fair antecedent and there is no criminal case pending against him. 2 Be that as it may in view of allegation of shortage of only eight bags of D.A.P. fertilizer and there is no legal material to show that the same has been sold in black market, in the event of his arrest/surrender within a period of four weeks from today, the petitioner, namely, Sri Ram Sharan Prasad @ Ram Sharan Prasad Verma, shall be 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 S.D.J.M., Begusarai, in connection with Cheria Bariarpur P.S. Case No. 186 of 2009, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)