IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12511 of 2010 Om Babu Gupta, son of Late Kaushal Kishore Gupta. Owner of Om Vaishnav Bhojnalaya, Village- Athari, P.S. Runnisaidpur, presently residing at Chakmalia, Bypass Bus Stand Premises, Sitamarhi…….Petitioner. Versus The State of Bihar …………………….Opposite Party. For the petitioner :- Mr. Nirmal Kumar Sinha No.3, Advocate. For the State :- Mrs. Promoti Singh, A.P.P. ----------- 2. 10. 05. 2010. Heard the parties. In a criminal prosecution for offence under Section 414 of the Indian Penal Code and 7 of the Essential Commodities Act besides other offences, the petitioner is said to running a road side Om Vaishnav Bhojnalaya (hotel) and at the time of raid 15 gas cylinders were allegedly found by the Police and for that reason the present case was filed. It is submitted by the learned counsel for the petitioner that gas cylinders seized from the hotel of the petitioner are not stolen gas cylinders rather same were belonging to bonafide consumers, who for their own convenience had kept those gas cylinders in that hotel. It is further highlighted that no case of theft with respect to seized gas cylinders has been instituted any where and therefore, in absence of case of theft, offence under Section 414 I.P.C. would not be made against the petitioner. Since the gas cylinders in question, allegedly seized from the hotel of the petitioner, for which consumers have filed their respective affidavits stating therein that they had themselves kept their own 2 gas cylinders in the said hotel for their own convenience, therefore, offence under Section 7 of the Essential Commodities Act is not also made out against the petitioner. Be that as it may, in the facts and circumstances of the case, as the petitioner is not stated to be an accused in any other criminal case, in the event of his arrest/surrender in connection with Sitamarhi P.S. Case No. 555/09 within a period of four weeks from today, the above named petitioner shall be enlarged 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, Sitamarhi, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and subject to further condition; (a) that one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. m.p. (Birendra Prasad Verma, J.)