IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16434 of 2008 BAIDYANATH PRASAD GUPTA @ BAIDYANATH SAH Versus STATE OF BIHAR ----------- 3. 15.07.2008 Heard the counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with Warisnagar P.S. Case No. 123/06 registered for offence u/S 7 of Essential Commodities Act. Counsel for the petitioner submits that petitioner is Baidyanath Prassad Gupta and the case was instituted against one, Baidyanath Sah whose parentage was not given. After 18 months, the police filed requisition in which the name of this petitioner was substituted in place of Baidyanath Sah. It has also been submitted that the premises from where seizure of diesel and Kerosene has been made, does not belong to the petitioner and no case u/S 7 of Essential Commodities Act is made out against him for the reason that the petitioner is neither a licensee nor a dealer under the provisions of the Act. It has also been submitted that he has not moved for release of the seized article as he has no concern with the same. Considering these facts, prayer for anticipatory bail on behalf of the petitioner, Baidyanath Prasad Gupta - 2 - @ Baidyanath Sah is allowed. In the event of his arrest or surrender within four weeks from today in the court below, he will be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with above-mentioned case to the satisfaction of CJM, Samastipur subject to the conditions as laid down u/S 438(2) of the Cr.P.C. AKV/ (Mridula Mishra,J.)