IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38924 of 2010 Subhash Kumar Singh, Son of Shri Ramotar Singh, resident of Village-Habaspur, P.S. Barauni, District-Begusarai ---- Petitioner Versus STATE OF BIHAR ----------- 03 28-01-2011 Heard Sri N.K.Agrawal, learned Senior Counsel for the petitioner, as well as Sri Parmeshwar Mahto, learned Addl. Public Prosecutor. The petitioner, who is in custody in Barauni( Zero Mile) P.S. Case No.247 of 2010 for the offences under Sections 413, 414 of the Indian Penal Code and under Section 7 of the E.C. Act since 12.9.2010, has prayed for grant of bail. The accusation in the case is that from a petitioner’s plot more than 950 litres of Kerosene Oil was recovered. It was alleged that accused persons were preparing Diesel from the said Kerosene Oil. During investigation the petitioner was arrested. It transpired during course of investigation that the Plot in question was of petitioner and the petitioner is also a transporter of Indian Oil Corporation. Learned Senior Counsel for the petitioner has argued that save and except the present case, there is no other criminal case similar to the present case against the petitioner. However, he was accused in one case relating to offence under Section 307 and other allied Sections of the Indian Penal Code, which was registered in the year 2007. The same fact has also come in the antecedent report sent from the office of the Superintendent of Police, Begusarai. Sri Parmeshwar Mahto , learned Addl.Public Prosecutor , 2 while referring number of paragraphs of the case diary submits that the petitioner had taken the plot in question on lease and the petitioner has made confession before the police. Be that as it may keeping in view the nature of accusation and period of custody, let the petitioner above named 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 learned Chief Judicial Magistrate, Begusarai in connection with Barauni ( Zero Mile) P.s. Case No.247 of 2010 with condition that if at subsequent stage the petitioner is made accused on similar accusation, his bail bond in the present case shall stand automatically cancelled NKS/- ( Rakesh Kumar, J.)