Patna High Court

Monu BhardwajversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Since no material evidence establishes the petitioner’s involvement in the alleged offences, the court granted anticipatory bail subject to statutory conditions.

Summary

The petitioner, Monu Bhardwaj, was implicated in a case involving the seizure of 565 bags of DAP fertilizer from a truck, alleged to be part of illegal storage and black‑marketing under Sections 111(2)(b) and 111(3) of the BNS, Section 7 of the Fertilization Control Order, 1985 and Section 7 of the Essential Commodities Act, 1985. He contended that he was neither the owner nor the driver of the vehicle and was named only because his mobile number was provided by the driver, with no other material linking him to the offence. The State opposed bail, arguing the seriousness of the offences. The Court examined the lack of substantive evidence of the petitioner’s participation and, finding no compulsion, allowed anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS 2023. The order directs that if arrested within six weeks, the petitioner be released on bail.

Issues considered

Whether the petitioner can be arrested and prosecuted under the cited provisions given the lack of direct evidence linking him to the alleged illegal storage and black‑marketing of fertilizer.
Whether anticipatory bail should be granted in the circumstances of the case.

Legislation cited

BNS — s. 111(2)(b), 111(3)
BNSS, 2023 — s. 482(2)

Subjects

anticipatory bail
essential commodities act
fertilization control order
illegal storage
black marketing
bail bond
section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83105 of 2025
                       Arising Out of PS. Case No.-498 Year-2024 Thana- RANIGANJ District- Araria
                 ======================================================
                 Monu Bhardwaj S/O Niraj Kumar R/o Village- Tingachhiya Jha Tola Ward
                 No 44, P.S- Katihar Nagar Thana, District-Katihar Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :        Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                     Heard learned counsel for the petitioner and the

                   State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Section 111 ( 2 ) ( b ) and 111 (3)

                   of BNS, 7 of Fertilization Control Order, 1985, and Section 7

                   of Essential Commodities Act, 1985 .

                                3 . As per the prosecution case, on 05.11.2024, a truck

                   bearing registration No. WB59C8015 was seized from which

                   565 bags of DAP fertilizer was recovered. It is further alleged

                   that this petitioner along with other co-accused persons were

                   involved in illegal storage and black marketing of the aforesaid

                   recovered articles.

                                4. It is submitted that petitioner is neither owner nor

                   driver of the pick up van in question. Petitioner has been made
            Patna High Court CR. MISC. No.83105 of 2025(2) dt.05-01-2026
                                                        2/2




                      accused in this case only because his mobile number was

                      furnished by the driver of the vehicle . Petitioner has got no

                      concern with the aforesaid recovery and he is in no way

                      connected with the alleged occurrence . There is no other

                      materials on record to show the complicity of this petitioner in

                      the alleged occurrence .

                                   5 . Learned counsel for the State opposed the bail.

                                   6. Considering the facts and circumstances of the

                      case, this anticipatory bail is allowed and it is ordered that the

                      above named petitioner in the event of his arrest/surrender

                      before the court below within a period of six weeks from today,

                      be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of learned SDJM Araria in connection with

                      Raniganj P. S. Case No. 498 of 2024 , subject to condition as

                      laid down under Section 482 ( 2 ) of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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