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Patna High Court

Junaid sahbaaz @ Junaid ShahbazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U


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