IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40631 of 2008 1. BIPIN KUMAR SINGH, S/o Shyam Shankar Singh, R/o Village – Shankarpur, P.S. Simri Baktiyarpur, Distt. – Saharsa, and 2. Shiv Nandan Poddar, S/o Late Ramautar Poddar, R/o Village Chaupraon, P.S. Simri Bakhtiyarpur, Distt. Saharsa. Versus STATE OF BIHAR ----------- 2. 01.12.2008. Heard. One drum containing approximately 2000 lts. of kerosene, while being carried in a handcart, was seized. The same contained a crack which was causing seepage. The cart puller was not arrested. A first information report has been filed alleging that kerosene oil contained in the said drum was being carried to its destination for black- marketing. Petitioner being the owner of such kerosene oil, in his capacity as a P.D.S. dealer, has been accused in the F.I.R. Case of the petitioner is that the said drum along with other drums containing kerosene oil were being transported to his fair price shop in a trailer, when the drum in question accidentally fell and, due to the impact, it cracked. Since the cracked drum was leaking, to avoid fire, the same was being carried to the fair price shop of the - 2 - petitioner separately in a handcart. Considering the matter as such, the application of the petitioners for grant of anticipatory bail is allowed. In the event of arrest or surrender of the petitioners within six weeks from today, let the petitioners, namely, Bipin Kumar Singh and Shiv Nandan Poddar be released on bail on their furnishing bonds in the sum of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Saharsa in connection with Saharsa (Sonbarsa Kutchary) P.S. Case No. 178/2008, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code. dk ( Barin Ghosh, J. )