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Patna High Court

Satyanarayan MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, having no evidential link to the alleged manufacturing of adulterated fertilizer and possessing a clean antecedent, the petitioner is entitled to anticipatory bail under Section 438 CrPC.

Summary

Satyanarayan Mandal applied for anticipatory bail after an FIR was lodged alleging his involvement in the illegal manufacturing of adulterated potash fertilizer. The prosecution alleged that the godown where the fertilizer was seized was rented to the petitioner, based on a rental agreement presented by a local resident. The petitioner contended that the agreement was fabricated, he is a labourer with no connection to the accused landowner, and he has a clean antecedent. The State opposed the bail, but the court found the petitioner falsely implicated and lacking any evidential link to the offence. Consequently, the court granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner can be arrested under the FIR alleging involvement in adulterated fertilizer manufacturing
  • Whether anticipatory bail is appropriate under Section 438 CrPC given the facts
  • Whether the alleged rental agreement constitutes sufficient evidence to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • adulterated fertilizer
  • false implication
  • bail conditions
  • criminal procedure
  • section 438 CrPC
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11466 of 2026
                     Arising Out of PS. Case No.-619 Year-2024 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Satyanarayan Mandal S/O Pujanand Mandal R/O Village- Bhattabari,
                 Maliyari, Ward No. 13, P.S- Forbesganj, Distt.- Araria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mrigendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   01-04-2026                         Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Forbesganj P.S. Case No.619 of 2024, F.I.R

                   dated 06.10.2024 registered for the offences punishable under

                   Sections 318(4), 338, 336(3) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3.     According to prosecution case, on 06.10.2024

                   submitted by Anuj Nirala, Agricultural Coordinator-cum-

                   Fertilizer Inspector, an FIR was lodged alleging that adulterated

                   Potash fertilizer was being illegally manufactured in a godown

                   situated     near     Kotihat     river    under     Matiyari       Panchayat,

                   Forbesganj. Acting on secret information received at about 3:00

                   A.M., the officials conducted a raid and, after breaking open the
Patna High Court CR. MISC. No.11466 of 2026(3) dt.01-04-2026
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          lock of the godown, allegedly found materials used for

          preparing adulterated fertilizer. In the presence of agriculture

          and police officials, they seized adulterated fertilizer, empty

          bags, a sewing machine, weighing scale (Taraju), red oxide,

          spade, and empty salt bags, and the seized fertilizer was sent for

          laboratory examination. A seizure list was also prepared. It is

          further alleged that at about 11:00 A.M. on the same day, a local

          resident, Goutam Kumar Choudhary, produced a rental

          agreement, which allegedly showed that the godown had been

          rented by the landowner, Sheela Devi, to the petitioner.

                      4. Learned counsel for the petitioner, by referring to

          the contents of the F.I.R., submits that the agreement which

          forms the basis for implicating this petitioner, ought to have

          been produced by the land owners, namely, Sheela Devi and

          there was no occasion for such an agreement presented by

          Goutam Kumar Choudhary, who is purportedly said to be a

          witness of the said agreement, as per the allegation. It has next

          been submitted that the petitioner is in no way connected with

          the alleged incident while the petitioner is a labourer and for

          earning his livelihood, he renders his services in the locality and

          is completely aware about the incident in question. It has further

          been submitted that the petitioner has never met with the co-
Patna High Court CR. MISC. No.11466 of 2026(3) dt.01-04-2026
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          accused Sheela Devi and for the purpose of providing a job, the

          signature which is said to have been obtained on a blank paper

          by Goutam Kumar Choudhary, seems to be have been misused

          at his instance which would be evident from the contents of the

          F.I.R. Lastly, it has been submitted that the petitioner has clean

          antecedent and is ready to abide by the terms and conditions in

          case the privilege of anticipatory bail is extended in their favour.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                        6. Considering the aforesaid facts and circumstances

          that the petitioner has falsely been implicated in the present case

          and has nothing to do with the manufacturing of adulterated

          fertilizer and the petitioner has clean antecedent and has never

          met the co-accused Sheela Devi. Accordingly, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioner.

                        7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released 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 learned S.D.J.M., Araria, in connection with
           Patna High Court CR. MISC. No.11466 of 2026(3) dt.01-04-2026
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                     Forbesganj P.S. Case No.619 of 2024, subject to the conditions

                     as laid down under Section 438(2) of the Code of Criminal

                     Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative/known of the petitioner(s) who shall provide

                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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