IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.193 of 2009 ---- Basant Prasad, son of Late Moti Sao @ Late Sarya Sao, Resident of Mohalla Pachhatti, P.S. Bodh Gaya, District-Gaya.-- Petitioner Versus The State of Bihar -- Opposite party. ----------- 03. 24.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Section 7 of the Essential Commodities Act. Learned counsel for the petitioner submits that he is a dealer in kerosene oil since 1985. He further avers that for distribution of kerosene oil in the Dharmshala containing thousand rooms only 200 litres kerosene oil was given to him which was distributed to the occupants of the rooms of the Dharmshala till the stock got exhausted in presence of the Ward Commissioner. He also submits that due to paucity of kerosene oil it could not be distributed to all the thousand occupants of the rooms of Dharmshala and hence some of them having become aggrieved must have raised objections, but the petitioner was absolutely helpless and could not do anything. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely Basant Prasad, shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to - 2 - the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Bodh Gaya P.S.Case No.129 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sunil (S. N. Hussain, J.)