Criminal Appeal (SJ) No.304 OF 1994 (Appeal against the Judgment and Order dated 9.9.1994 passed by the Special Judge, Nalanda at Biharsharif, in Bihar (Murarpur) P.S. Case No. 265 of 1986) 1. DILIP KUMAR, SON OF BILTU SAO 2. BILTU SAO, SON OF LATE MOUZI SAO BOTH RESIDENTS OF MOH. MATHURIA, P.S. PURARPUR, TOWN BISHARSHARIF, DISTT. NALANDA. ----- APPELLANTS. Versus THE STATE OF BIHAR --------RESPONDENT For the Appellants : Sri N.K. Agarwal, Sr. Advocate Sri Anujit Sinha, Advocate. For the State : Mr. Arun Kumar Singh No. 5, Adv. ----------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. The Appellant has been convicted by a Judgment dated 9.9.1994 passed by the Special Judge, Nalanda at Biharsharif in (Murarpur) P.S. Case No. 265 of 1986 under Section 7 of the Essential Commodities Act for violation of Clause-6 of Bihar Essential Articles (Display of Stocks and Prices) Order, 1977 and sentenced to simple imprisonment for three months and fine of ` 2,000/-. The case of the prosecution is that on the 7th June, 1986, the Marketing Officer, Biharsharif, did not find the Display Board on the shop of the Appellant No. 2 and, therefore, booked them under the said Act. During trial, only two witnesses were examined out of whom PW-1 is the Informant and PW-2 is formal in nature. In 2 effect, the prosecution case rests mainly on the sole evidence of PW-1. Since it would be unsafe to rely of non-corroborated version of PW-1, I am inclined to allow this Appeal In the result, the Appeal is allowed. The order of conviction and sentence passed against the Appellants in Bihar (Murarpur) P.S. Case No. 265 of 1986 by the Special Judge- Nalanda at Biharsharif, is hereby set aside. The Appellants are discharged from the liability of their bail bonds. Patna High Court, Patna, Dated, the 7th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)