IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33113 of 2008 1. AZHARUL ISLAM @ MD. AZHARUL ISLAM S/o- Nasiruddin, Resident of village Barchoundi,P.S.-Powakhali, District- Kishanganj 2. Bakar Jhuli S/o- Late Resam Lal Resident of Village – Nechatpur P.S.- Thakurganj, District-Kishanganj Versus STATE OF BIHAR ----------- 2. 17.10.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case for the offences registered under Section 7 of the Essential Commodity Act. It is alleged that two drums of Kerosene Oil containing 200 liters each were recovered from the road side. However on those two drums the name of the petitioner no. 1 is written. The allegation against petitioner no.2 is that the house of petitioner no. 2 was in front of the place where the recovery was made and on inquiry the petitioner as well as other family members were found absent. It is submitted on behalf of the petitioner that the Kerosene Oil which was alleged to have been found available in his stock was short by 40 liters whereas the recovery of the alleged kerosene oil is to the extent of 400 liter therefore petitioner cannot be implicated in this case. So far as petitioner no. 2 is concerned, it is submitted that on account of detection - 2 - of kerosene oil and absence of the petitioner from the house cannot be a ground of implicating him in this case. Considering the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S. Case No. 174/2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)