IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21754 of 2010 1. MANOJ KUMAR SAH S/o Sri Bhola Sah, 2. Suresh Prasad Sah S/o Hari Prasad Sah, 3. Mostt. Nanki Devi W/o Late Moti Lal Sah, 4. Pappu Kumar Sah S/o Bhola Sah & 5. Vijay Kumar Mahaldar S/o Niso Mahaldar All R/o village-Shermari, P.S. Pirpainti, District- Bhagalpur …Petitioners Versus THE STATE OF BIHAR …OP ----------- 2/ 08.03.2011 Heard learned counsel for the petitioners and the State. The petitioners have sought quashing of the order dated 14.05.2010 passed by the Sub-Divisional Judicial Magistrate, Bhagalpur, in Pirpainty P.S. Case No.7 of 2008, by which he has refused to discharge the petitioner. It has been submitted that only seven litres kerosene oil in excess to the prescribed limit was found and in the facts of the case no offence punishable under section 7 of the Essential Commodities Act would be made out. Considering the circumstances of the case and that only seven litres kerosene oil in excess was found, I am inclined to allow this application. In the result, this application is allowed and the order dated 14.05.2010 passed by the Sub-Divisional Judicial Magistrate, Bhagalpur, in Pirpainty P.S. Case No.7 of 2008 is hereby set aside. Application stands allowed. JA/- (Anjana Prakash,J.)