IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24161 of 2011 Mahendra Prasad Gupta S/o Late Shiv Sao Versus The State Of Bihar ----------- 2. 22.07.2011 The petitioner is lodged in jail in connection with Mufasil P.S.Case No.38 of 2005 for offences alleged under Section 7 of the E.C.Act. The petitioner in this case is a Thela vendor distributing Kerosene Oil by moving from one place to another within the area fixed by the authority. The allegation against the petitioner is that he is not distributing Kerosene Oil in village Sinduari and Pathra and also of distribution of Kerosene Oil at higher price, which is a breach of his license condition. It appears that his application for anticipatory bail was earlier rejected by this Court, pursuant to which he surrendered and has been in jail since 21.6.2011. Learned senior counsel appearing for the petitioner, Mr. N.K. Agrawal, submits that no offence has been committed in view of the fundamental fact that the area for distribution are allocated by the authorities concerned and the petitioner is not free to distribute Kerosene Oil in areas other than so allotted. He invites attention to Annexure-2 to this petition, showing the allocation of areas for distribution of Kerosene Oil as authorized by the Block Supply Officer, Nawada, wherein the petitioner’s name appears at serial 14 thereof, but the two villages under reference are not shown as areas allotted to him. It has further been submitted that there is a self-contradiction in the allegation inasmuch as there could be no question of distribution of Kerosene Oil at a higher price, when in the same breath, it is alleged that he has not distributed Kerosene Oil in the said villages. Having heard the learned APP and after consideration of the materials on record, this court is of the opinion that this is a fit case for grant of bail to the petitioner. As such, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah, in connection with Mufasil P.S. Case No. 38/2005. Fahad. ( Vikash Jain, J. )