IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3714 of 2011 PAWAN KUMAR SINGH, SON OF JAGARNATH PRASAD. Versus THE STATE OF BIHAR . ----------- 2. 02.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody since 24.11.2010 in relation to Baisi P.S. Case No. 223 of 2010 dated 23.11.2010 instituted under section 420/34 of the Indian Penal Code and section 7 of the Essential Commodities Act. The information has been lodged by the Executive Magistrate, inter alia, alleging that public had brought before the Sub Divisional Officer two vehicles, each carrying some L.P.G. gas cylinders along with two drivers. They alleged that gas were being sold in black taking advantage of the situation. It is alleged that the two drivers confessed their misdeeds and one another person confessed before the police that he used to purchase cylinders at a higher cost and selling at yet higher cost. On behalf of the petitioner, Sri N.K. Agrawal submits that apart from the alleged confessional statements recorded by the police, the only allegation is that the cylinders were being taken for being sold in black. It is not in dispute that the cylinders had to be delivered at the door steps of the consumers and thus have to be carried from one place to another place. It is not alleged that cylinders were sold to another particular person at a higher price. Petitioner is Manager shop and he has no control over what is 2 done outside. Considering the aforesaid facts and circumstances as well as submissions of the parties 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 learned Sub Divisional Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 223 of 2010. Devendra/ ( Navaniti Prasad Singh, J.)