Criminal Appeal (SJ) No. 166 OF 1994 ******** Against the judgment and order of conviction dated 24.5.1994 passed in E.C. Case No. 6/1990 by the learned Special Judge, Buxar. ****** JAGDISH SINGH YADAV S/O GOBARDHAN SINGH YADAV R/O VILLAGE- KHARAGPURA, P.S.- SIKRAUL, DISTRICT- BUXAR ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Subhash Chandra Yadav Adv. For the State : Mr. Chaubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted by the judgment dated 24.5.1994 passed by learned Special Judge, Buxar in E.C. Case No. 6/1990 and sentenced to rigorous imprisonment for 1 year. On the basis of the complaint of the local persons that the appellant was selling kerosene oil and Sugar at a higher rate, the present case was instituted. 2. On going through the evidence, I find that the allegations are only oral as also that the witnesses examined have not been able to prove conclusively that they were indeed ration card holders and had lifted kerosene oil or sugar at a higher rate. 3. In view such, the appeal is allowed and conviction and sentenced of the appellant passed by learned Special Judge, Buxar by the judgment dated 24.5.1994 in E.C. Case No. 6/1990 is hereby set aside and the appellant is discharged from the liabilities of his bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 1st April, 2011 NAFR/ Fahad.