IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.893 of 2009 Manoj Chandrabansi @ Manoj Kumar, S/0, Late Nonu Ram, Resident of Village- Tehta Math, P.S. Makhdumpur (O.P.-Tehta), District Jehanabad ………………..Petitioner. Versus The State of Bihar …………………………Opposite Party. ----------- 4. 30. 03. 09. Counter affidavit filed on behalf of the Sub-Divisional Officer, Jehanabad. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Makhdumpur P.S. Case No. 297/2008 for offence under Section 7 of the Essential Commodities Act. The allegation is that Block Supply Officer, Hulasganj raided the premises of the petitioner and found that there was a underground tank containing 2000 liters of kerosene oil as well as some other articles kept in connection with illegal storage of kerosene oil made by the petitioner for sale in black market. Four persons were found near the tank disclosed that the underground tank containing kerosene oil, belongs to the petitioner. Besides above, two tankers were also found near the place of occurrence as detailed in F.I.R. It is submitted on behalf of the petitioner that said underground tank was given on rent to one Dharmendra Kumar who vacated the tenanted portion and left the underground tank intact without informing the petitioner as such the petitioner was not aware of the fact that there was any diesel or kerosene oil in the said tank. It is further submitted that despite the above alleged raid was made by Block Supply Officer of Hulasganj whereas the premises - 2 - situated within the Block of Makhdumpur and as such raid & seizure was illegal in absence of any authorities from State Government. Learned A.P.P for the State submits that Block Supply Officer, Hulasganj was empowered by the order of the Sub-Divisional Officer, Jehanabad, dated 10. 7. 08, contained in Annexure B to the counter affidavit. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner namely, Manoj Chandrabanshi @ Manoj 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 the Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur P.S. Case No. 297/2008, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)