IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36071 of 2009 AMRESH KUMAR SAH @ BABLU @ AMRESH KUMAR @ BABLU KUMAR, son of Ramu Sah @ Ramchandra Sah, Resident of Village Belakothi, P.S. Khajauli, District Madhubani. Versus THE STATE OF BIHAR ----------- 2 30/10/2009 Heard counsel for the petitioner and counsel for the State. Considering the nature of allegation of recovery of 600 liters of Kerosene Oil and other equipments, there would be little doubt about petitioner’s complicity in the offence as alleged. Counsel for the petitioner would submit that Kerosene Oil has already been seized and would be made subject matter of confiscation, so the petitioner stands sufficiently punished. Admittedly, the petitioner has got no authority to deal in Kerosene Oil, inasmuch as, he is not a licensee and therefore he cannot claim the seized kerosene oil till the conclusion of trial. In that view of the matter, this Court would direct for immediate disposal of 600 liters of Kerosene Oil through the Public Distribution System Dealer/a Licensee under the supervision of an authority authorized by the Sub.Divisional Officer, Sadar Madhubani the licensing authority. The sale proceeds of such 600 liters Kerosene Oil would be deposited 2 and would abide by the result of the trial which also must be concluded within a period of one year from the date of receipt/production of a copy of this order. Subject to the aforementioned conditions and after completing the sale and deposit of amount in the court which must be done within fifteen days from the date of receipt of this order by the court below and S.D.O., Sadar Madhubani, the petitioner, namely, Amresh Kumar Sah @ Bablu @ Amresh Kumar @ Bablu 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 Chief Judicial Magistrate, Madhubani in Khajauli P.S. Case No.77 of 2009. One of the bailer must be close relative preferably mother of the petitioner and that the petitioner shall remain regularly present in course of trial, which as indicated above must be taken out of turn and completed within a period of one year from the date of receipt/production of a copy of this order. Abhay Kumar (Mihir Kumar Jha, J.)