IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50979 of 2008 1. KEDAR CHOUDHARY, S/o Ramchandra Choudhary, resident of Village – Jogbani, Dharmsala Road, P.S. – Jogbani, District – Araria 2. RAJ KUMAR JHA, S/o Krishna Kant Jha, resident of village - Madanpur, South Tola, P.S. Madanpur, District – Araria. Versus THE STATE OF BIHAR ----------- 2. 21.01.2009 Heard Sri Shakeel Ahmad Khan, Senior Advocate for the petitioners and Sri Dasrath Mehta, APP for the State. The two petitioners were sitting on a vehicle. The vehicle was being driven by petitioner Raj Kumar Jha and as per the allegation kerosene oil in the volume of 600 litres was found loaded over the vehicle, which as per the allegation was obtained in theft. The contention is that the section of the offence is not attracted under the facts of the case. Besides, it is contended that the informant Dayanand Yadav himself a dealer had produced the kerosene oil before the police and probably he had framed up the petitioners falsely. The wife of petitioner Kedar Choudhary as such filed a case and accordingly, the informant is being prosecuted for an offence under Section 7 of the Essential Commodities Act and other offences. Regard being had to the facts and the contentions, - 2 - let petitioners Kedar Choudhary and Raj Kumar Jha be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 234 of 2008. DKS/ (Dharnidhar Jha, J.)