Patna High Court
Manjur AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.
Summary
The petitioners, Manjur Alam (a driver) and Abdul Basir (owner of a tractor), were implicated in a case alleging violation of Section 317(5) of the B.N.S. and Section 7 of the Essential Commodities Act for allegedly transporting 150 bags of fertilizers for black‑marketing. They contended that they were unaware of the nature of the consignment, had no role as dealers, and possessed clean antecedents. The State opposed their request for anticipatory bail. The Court, considering the petitioners’ lack of knowledge, their roles as driver and owner, and their clean records, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S. The order directs that if arrested within eight weeks, they be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. in view of the alleged offences under Section 317(5) of the B.N.S. and Section 7 of the Essential Commodities Act.
Legislation cited
- B.N.S. — s. 317(5), 482(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- Section 317(5) B.N.S.
- Section 7 Essential Commodities Act
- black marketing
- driver
- tractor owner
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12274 of 2026
Arising Out of PS. Case No.-651 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
1. Manjur Alam S/o Md Muslim R/o vill- Bagalbari, Thana- Kochadhaman,
District- Kishanganj
2. Abdul Basir S/o Abdul Sattar Ali R/o vill - Belwa Kasipur, P.S. and Distt.-
Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Rajeev Ranjan, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard Mr. Rajeev Ranjan, learned counsel appearing
on behalf of the petitioners and Mr. Umeshanand Pandit, learned
APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 317(5) of the
B.N.S. and Section 7 of the Essential Commodities Act.
3. As per prosecution case, Petitioner No. 1 is driver
and Petitioner No. 2 is owner of the tractor which was seized
loaded with 150 bags of fertilizers which was taken for the
purpose of black marketing.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.12274 of 2026(2) dt.24-02-2026
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have committed no offence. As a matter of fact, petitioners have
falsely been implicated in this case merely because Petitioner
No. 1 is driver and Petitioner No. 2 is woner of the seized
tractor. Petitioners are not P.D.S. dealer and were not aware of
the nature of consignment and have got no concern with the
seized fertilizers. As a matter of fact, the tractor in question is
used as a public career and the seized fertilizers were loaded on
fare and petitioners were unaware of the nature of consignment.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, nature of accusation and clean antecedents of the
petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.12274 of 2026(2) dt.24-02-2026
3/3
Magistrate, Kishanganj in connection with Kishanganj P.S. Case
No. 651 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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