IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31104 of 2011 Dayanand Choudhary @ Dayanand Prasad Choudhary, Son of Late Darshu Choudhary, resident of village-Bhagatpur, P.S.-Balia, District-Begusarai. Versus The State of Bihar ----------- 2. 14.9.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends his arrest in connection with Balia P.S. Case No. 108 of 2011 registered for the offence under Section 7 of the Essential Commodities Act. It is alleged that on information the premises of petrol pump in question was raided. It was found that diesel was being filled through pipe in gallon from the tanker filled with diesel, bearing Tanker No. BR9B-3253. The driver of the tanker, namely, Md. Alitaf Khan @ Kala Khan and Khalasi namely Md. Naushad Khan on inquiry disclosed that about 100 liters of diesel was sold to Mr. Ashish Poddar and Chamru Mahto from the tanker. Some kerosene oil was also found in a cemented container adjacent to the office. On inquiry, Ashish Poddar and Chamru Mahto disclosed that the said closed petrol pump had been taken on rent, in which apart from them Ranjeet Singh and Shahabuddin Mian were also involved in illegal dealing. Thereafter, with the help of local P.D.S. Dealer said diesel and kerosene oil was seized and seizure list was prepared. On perusal of chalan (invoice), it transpire that the same was issued from Hindustan Petroleum Company on 11.7.2011 in 2 favour of Jyoti Petroleum, Madahatpur, P.O.- Jamuniya, P.S.- Naugachhia, district–Bhagalpur. From the certificate of registration of tanker lorry, it transpires that the same belonged to Smt. Pawan Devi. In the F.I.R. it is alleged that on inquiry it was learnt that the owner of the closed petrol pump was Dayanand Choudhary @ Dayanand Prasad Choudhary. It is stated that the petitioner has got no concern with the petrol pump in question i.e. Auto Fuels, Lakhminia and the said petrol pump belongs to Manoj Kumar Agrawal of Begusarai. The pump is closed since long. Subsequently, one Rahul Vibhushan tried to operate the said petrol pump and he filed writ application before this Court being C.W.J.C. No. 17159 of 2007 which was allowed on 10.3.2010. Against the said order passed in the writ petition, the oil company preferred LPA No. 1369 of 2010. The said L.P.A. was allowed by a Division Bench of this Court by order dated 4.11.2010 and against that order, Rahul Vibhushan and another preferred S.L.P. before the Hon’ble Supreme Court, being S.L.P. (Civil) No. 6561 of 2011 and the same was dismissed on 14.3.2011. Thus, it is argued that the oil company refused to transfer the license of said petrol pump in the name of Rahul Vibhushan and another and till date, the license of said petrol pump is in the name of Manoj Kumar Agrawal. It is also submitted that even if assuming for the sake of argument (without admitting) the petitioner to be owner of said 3 closed petrol pump, no offence would be attracted against him because, even as per F.I.R. the aforesaid land and closed petrol pump, etc., were taken on rent by Ashish Poddar, Chamru Mahto, Ranjeet Singh and Shahabuddin Mian and as per F.I.R. the diesel in question was sold to Ashish Poddar and Chamru Mahto. It is also submitted that the petitioner has got no criminal antecedent. Taking into consideration the aforesaid submissions, let the petitioner, namely Dayanand Choudhary @ Dayanand Prasad Choudhary in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 108 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)