Patna High Court
Aditya SagarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S.S. — s. 480(3)
- Essential Commodities Act — s. 7(i)(a)(ii)
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
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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
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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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