IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4630 of 2010 PRAMESH KUMAR, Son of Ram Lagan Rai, R/o village Mahua Ram Rai, P.S. Mahua, District Vaishali …………. Petitioner Versus STATE OF BIHAR … Opposite Party ----------- For the petitioner : Mr. Rakesh Kr. Tiwary, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ----- 3 29.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Section 7 of the Essential Commodities Act. As per the allegation as set up in the first information report, huge quantity of kerosene oil has been recovered from the pick-up van in which petitioner was found sitting. It is submitted on behalf of the petitioner that the ingredients of Section 7 of E.C. Act are not attracted in this case as he is not a P.D.S. Dealer. It is further submitted that the petitioner is a driver and he has disclosed the name of the persons to whom the aforesaid recovered kerosene oil belonged as the petitioner’s pick-up van was only on hire for transporting the same. The petitioner is stated to be 2 in custody since 20.11.2009. It is stated that the petitioner has having clean antecedent. In the facts and the circumstances of the case, the petitioner, PRAMESH KUMAR, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 184 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar nature of cases, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.)