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Patna High Court

Aditya SagarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to a bond and the conditions specified under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Aditya Sagar, was arrested for alleged black‑marketing of fertilizers under Sections 7(i)(a)(ii) of the Essential Commodities Act. He contended that he was implicated only because the fertilizers were found in premises he rented and that he was neither the shop owner nor the driver. He also argued that his father’s political murder and a similar co‑accused receiving anticipatory bail warranted his release, noting he had previously obtained bail in another case and had been in custody since 28‑11‑2025. The State opposed bail, but the Court, after considering the nature of the allegation, the petitioner’s custody period, and the submissions, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other procedural requirements. The bail was conditioned on the presence of the petitioner at court dates and cancellation upon three consecutive absences.

Issues considered

  • Whether bail should be granted to a person accused of black‑marketing fertilizers under the Essential Commodities Act.
  • Whether the petitioner’s relationship to the premises and lack of ownership/driver status justify bail.
  • Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.

Legislation cited

Subjects

  • bail
  • Essential Commodities Act
  • black marketing
  • fertilizers
  • criminal procedure
  • Section 480(3)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9038 of 2026
                     Arising Out of PS. Case No.-217 Year-2024 Thana- PRATAPGANJ District- Supaul
                 ======================================================
                 Aditya Sagar S/o- Late Bipin Chaudhary, Resident of Village- Dumari, PS-
                 Ragohpur, Dist- Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kishor, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Pratapganj P.S. Case No. 217 of 2024 dated

                   06.12.2024, registered for the offences punishable under

                   Sections 7(i)(a)(ii) of the Essential Commodities Act.

                                   3. As per the prosecution case, petitioner was

                   involved in black-marketing of fertilizers.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely

                   been implicated in the present case. The petitioner has been

                   made accused in the present case merely on the basis of his rent

                   agreement with the land owner in whose premises the fertilizers

                   were found. Petitioner is neither owner of the shop nor driver of
Patna High Court CR. MISC. No.9038 of 2026(2) dt.17-02-2026
                                            2/3




          the vehicle. Petitioner has been made accused in the present

          case under a conspiracy as petitioner’s father was Mukhiya, who

          was murdered due to local politics. Learned counsel further

          submits that similarly placed co-accused has been granted the

          privilege of anticipatory bail by the learned Sessions Court.

          Learned counsel next submits that petitioner is having

          antecedent of one case in which he has got bail. Learned counsel

          lastly submits that petitioner is in custody since 28.11.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of allegation and period of custody of the petitioner, the

          petitioner, above-named, is directed to be released on bail, on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

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

          satisfaction of learned Sub-Divisional Judicial Magistrate,

          Birpur, Supaul / concerned Court, in connection with

          Pratapganj P.S. Case No. 217 of 2024, subject to the condition

          laid down under Section 480(3) of the B.N.S.S. and other

          following conditions:

                          (i) One of the bailors will be a close relative of the
          Patna High Court CR. MISC. No.9038 of 2026(2) dt.17-02-2026
                                                      3/3




                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                    (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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