IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35677 of 2009 SHAILENDRA KUMAR Son of Baleshwar Singh, resident of Village-Rajputana Yarpur, P.S. Gardanibagh, District-Patna. Versus STATE OF BIHAR ----------- 2 27/10/2009 Heard counsel for the petitioner and counsel for the State. Howsoever trivial or insignificant the offence in hand may appear to the learned counsel of the petitioner it can not be ignored that it has now become a usual practice of overcharging for supply of gas to its customers. Here the police could nab the petitioner allegedly in his shop of iron grills, having possession of 11 filled-in gas cylinders. Explanation of the petitioner that he was doing humanitarian service by procuring those filled in gas cylinders of such persons, who had no spare time to collect the same from the agency, does not find support from the notes of investigation by the police recorded in the case diary. Additionally no person has come forward before the police that he had authorized the petitioner to obtain gas cylinder on his behalf. The petitioner is in custody since 29.8.2009 and is said to have no criminal antecedent and therefore if the petitioner would deposit a sum of Rs.15,000/- in cash before the trial court the petitioner shall be released on bail only after obtaining an undertaking from him that henceforth he will not deal with any one’s gas cylinder and that he shall also remain present in course of trial, as and when required. 2 Accordingly, on fulfillment of the aforementioned conditions the petitioner, namely, Shailendra Kumar shall 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 Sub. Divisional Judicial Magistrate, Patna in Spl. Case No.8 of 2009 arising out of Gardanibagh P.S. Case No.148 of 2009, and the amount of Rs.15,000/- deposited by the petitioner shall remain subject to final result of trial of the petitioner. Abhay Kumar (Mihir Kumar Jha, J.)