IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12138 of 2009 RAJ KISHORE JAISWAL S/O-Sri Kamleshwari Jaiswal, R/O-Vill-Kalasan, P.S.-Chousha, Distt.-Madhepura at present Radha Nagar Gangajala Ward No.-15, P.S. & Distt.-Saharsa. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 29.07.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner is one of the accused of a case which has been registered under Sections 406/414 of the Indian Penal Code and Section 7 of the E.C. Act. Submission is that Section 414 of the Indian Penal Code is not made out because the alleged Kerosene Oil was not stolen property. Section 406 of the Indian Penal Code is not made out because nothing was entrusted to the petitioner. The petitioner is not a dealer so Section 7 of the E.C. Act is not made out. Co-accused Sukhdeo Mukhiya has already been granted bail by the lower court. The petitioner is in custody since 25.01.2009 2 and is a man of fair antecedent. 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub- Divisional Judicial Magistrate/concerned court Saharsa in connection with Saharsa P.S. Case No.- 335 of 2008. kksinha/ (Shyam Kishore Sharma, J.)