IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35665 of 2011 1. Binda Sah S/o Late Sitaram Sah 2. Mankeshwar Sah S/o Late Sitaram Sah 3. Abhay Singh S/o Sawaliya Bihari Singh 4. Teras Paswan S/o Late Sinhasan Paswan 5. Baleshwar Paswan S/o Jagar Paswan Versus The State Of Bihar ----------- 2. 24.10.2011 The petitioners seek anticipatory bail as they apprehend their arrest in Sahodara P.S. Case No. 35/2011 for the offences alleged under Sections 7, 4, 5, 35 (1) (A) of the Fertilizer (Control) Order, 1985, and 7 (1) (A) of the Essential Commodities Act. Learned counsel for the petitioners state and submit that petitioner nos. 1 and 2 are full brothers and along with five other brothers living in jointness, have cultivable land to the extent of 16 bighas for which the quantity of Fertilizers and Urea (73 + 92 bags) had been stored for agricultural purposes and not for the purpose of black marketing or smuggling as alleged. It is further stated that petitioner no. 3 and his two laborers (petitioner nos. 4 and 5) have also stored Urea (25 + 18 + 7 bags) for agricultural purposes in respect of 16 bighas of land. The entire quantity of Fertilizers and Urea has been recovered in course of raid conducted on 19.08.2011 from the houses of the petitioners separately. The purpose for which the goods were stored being agricultural purpose is sought to be supported with respect of the rent receipts of the land and also the purchase invoices. Learned counsel for the State appears and is heard. He is unable to show that the amount of recovery of Fertilizers and Urea could be said to be unreasonable, considering the aggregate area and extent of cultivable land as supported by rent receipts and the purchase invoices. In view of the aforesaid facts and circumstances, in the event of their arrest or surrender before the court below within six weeks from the date of production/ receipt of a copy of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Sahodara P.S. Case No. 35/2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Fahad. ( Vikash Jain, J. )