Patna High Court
Junaid sahbaaz @ Junaid ShahbazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, holding that the circumstances warranted release on bond.
Summary
The petitioner, Junaid Shahbaz, applied for bail fearing arrest in a case (Roshna P.S. Case No. 111 of 2025) alleging violation of Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and Section 7 of the Fertilizer Control Order, 1985 for transporting illegal fertilizer in his tractor. The prosecution alleged that the petitioner owned the tractor used for the illegal transport, while the petitioner claimed he had merely hired out the tractor and had no knowledge of the contraband. He also highlighted his clean criminal record and argued that a vehicle owner is not expected to inspect the cargo. The court, after considering these submissions, allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- What is the appropriate ground for granting bail to the petitioner under Section 438(2) of the CrPC and Section 482 of the BNSS in the context of alleged offences under the Essential Commodities Act and Fertilizer Control Order?
- Whether the petitioner’s ownership of the tractor, without knowledge of the illegal fertilizer, suffices to deny bail.
Legislation cited
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
- Essential Commodities Act, 1955 — s. 7(1)(a)(ii)
- Fertilizer Control Order, 1985 — s. 7
Subjects
- bail
- essential commodities act
- fertilizer control order
- criminal procedure
- vehicle owner liability
- illegal fertilizer
- apprehended arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37222 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- Roshna District- Katihar
======================================================
Junaid sahbaaz @ Junaid Shahbaz S/o Md. Alim Resident of Village-
Narayanpur, P.S. - Manihari, Dist. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabia Gulnaz
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Roshna P.S. Case No. 111 of 2025 registered
for the offence under Sections 7(1)(a)(ii) if the Essential
Commodities Act, 1955 and under Section 7 of the Fertilizer
Control Order, 1985.
3. As per the prosecution case, the petitioner is the
owner of the tractor in which the illegal fertilizer was
transported.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner has no knowledge about the illegal fertilizer as he has
Patna High Court CR. MISC. No.37222 of 2026(2) dt.15-06-2026
2/2
given his tractor on hire.
5. Learned counsel for the petitioner next submits
that the petitioner has no criminal antecedent and it is not
expected from the owner of the vehicle that he will examine the
documents of the goods which were being transported in the
tractor.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 concerned
Court below in connection with Roshna P.S. Case No. 111 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
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