IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3627 of 2025 Arising Out of PS. Case No.-226 Year-2024 Thana- KADWA District- Katihar ====================================================== Abdhesh Bishwash S/O Sukhan Bishwash Resident of Village- Nandanpur, Panchayat- Gopinagar, P.S- Kadwa, Distt.- Katihar. ... ... Petitioner/s Versus 1. The State of Bihar 2. Md. Koshin Akhtar S/O Md. Mojammil Akhtar R/O Mohalla- Nuri Nagar Khacjanchi Hat P.S- K.Hat Purnea, Distt.- Purnea. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Narayan Yadav For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 27-02-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Kadwa Police Station Case No. 226 of 2024, disclosing offences under Sections 4, 5, 7, 28(1)(a)/35(1) of the Fertilizers (Control) Order, 1985 and Sections 3/7 of the E.C. Act and 7/8 of the Seeds Act, 1966. 3. As per the prosecution case, on 22.10.24, informant received information regarding petitioner that he was illegally packaging fertilizer and Maize seed by changing its brand name in his house and godown at village Nandanpur, Kadwa which was sealed by police. Upon information, Patna High Court CR. MISC. No.3627 of 2025(2) dt.27-02-2025 2/3 informant proceeded at aforesaid village on 25.10.24 and in the presence of other officials, conducted inquiry of sealed house and godown of petitioner and recovered 1. 59 empty packets of Corntech maize 3339. 2. 4 bag of Corntech maize- each bag 10 seed packets X 4 kg =160 kg. 3. P-3355 pioneer hybrid seeds-1 empty packet maize- 58 seal packet. 4. 5577 Hybrid maize, srivaishnavi agro science-8 packets. 5. 3339 CT seeds- 17 empty bags. 6. IFFCO Company- Ammonium phosphate sulphate- 120 bags. 7. NPK (20:20:13)-100 bags. 8. Heating sealing Machine- 1 piece. Further, it is claimed that according to aforesaid seizure, it is apparent that petitioner was illegally involved in repackaging, labeling, sale, black-marketing and hoarding of seeds and fertilizers without valid license and permission which is violation of seeds Act-1966, E.C. Act-1955 & Fertilizer (Control) Order- 1985. 4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case due to village party politics. There is no evidence against the petitioner. Petitioner is having no criminal antecedent. He next submits that other farmers of the locality used to keep manure, fertilizers in the store room of the petitioner. Patna High Court CR. MISC. No.3627 of 2025(2) dt.27-02-2025 3/3 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that huge quantity of fertilizer and seeds was seized from the petitioner’s house/godown for which no valid papers or license was produced. Moreover, petitioner failed to produce any valid purchase receipt or document which suggests that aforesaid huge quantity of fertilizer and seeds were there for self consumption, I am not inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, rejected. HarshPandey/- (Anil Kumar Sinha, J) U T