IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5013 of 2009 GOPALJEE OJHA son of late Kamla Kant Ojha, resident of village-Situari, P.S.-Narayanpur, Dist.-Bhojpur. Versus STATE OF BIHAR ----------- 2. 23.3.2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused of a case which has been registered under sections 7 of the Essential Commodities Act. The case relates to alleged black marketing of food materials and Kerosene oil. The petitioner is a dealer of Public Distribution System, Allegation is that the petitioner had not distributed food materials and Kerosene oil to the beneficiaries of below poverty line and under the scheme of Antoyadaya Anna Yogna. Submission is that there was no illegality committed at all by the petitioner. Allotment of Kerosene oil was lifted on 31.10.2008 and it was not possible to take it to Narayanpur on the same day. Therefore, he could not mention it in the stock register. It has been mentioned in the stock register on the very next day. The Kerosene oil was kept in the dwelling house of the petitioner. Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in connection with Narayanpur P.S.Case No.44 of 2008. Md.S. (Shyam Kishore Sharma,J.) - 2 -