IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30115 of 2011 Binod Kumar S/o late Ram Chandra Prasad, Resident of Mohalla-Narayan Ghat, Nagar Parishad Nizamat, Ward No. 28, Danapur, P.S.-Danapur, District-Patna Versus The State Of Bihar ----------- 2. 8.9.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 7 of the Essential Commodities Act. It is alleged that on the direction of Sub.Divisional Officer, Danapur, the Block Supply Officer, Naubatpur, inspected the shop of the petitioner and found stitching machine, threads, plastic bags and 350 liters Kerosene oil. Hence, it was suspected that the articles recovered were stored for the purpose of black marketing. It is also alleged that Kerosene oil so found was in excess to the stock maintained by the petitioner and the same was stored at a place other than his licencee premises. It is submitted that the petitioner was granted licence for Ward No.28 in the year 2008 but the Sub.Divisional Officer allowed to shift his business premises in Ward No.35. The petitioner is a P.D.S. dealer and no consumer had made any complaint against him. At best the case would be of non- maintenance of stock register. Suspicion raised against the petitioner is based on hypothetical presumption. Taking into consideration the aforesaid facts and circumstances of the case let the petitioner, namely, Binod Kumar in 2 the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S.Case No.159 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)