IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12783 of 2009 1. PRAMOD CHAUDHARY @ PRAMOD KUMAR CHAUDHARY 2. ANIRUDHA CHAUDHARY ( BOTH SONS OF LATE THIOTHAR CHAUDHARY, R/O VILL. NAUHATTA, P.S. NAUHATTA, DIST. SAHARSA.) ---- PETITIONERS Versus STATE OF BIHAR ---- OPP. PARTY. ----------- 02. 30.04.2009 Heard both sides. The petitioners, who are full brothers, are facing prosecution under Section 7 of the Essential Commodities Act, have approached this court for grant of anticipatory bail. As per allegation, petitioner no.1 was found in possession of 1500 liters of kerosene oil. The further allegation is that the kerosene oil so seized from his house were meant for sale in black market. So far as petitioner no.2 is concerned, who was a licensee, under the unification order, was found in possession of 400 liters (inclusive in 1900 liters) kept in two drums in the house which again was meant for clandestine disposal. Learned counsel for the petitioners submits that petitioner no.2 is a P.D.S. dealer. Few months prior to the occurrence the stock was verified by none other than the informant himself in October 2008 wherein it was found that the petitioner was having 1905 liters of kerosene oil for the purpose of distribution. Thus the submission is that the stock register does account for presence of 1900 liters of kerosene oil. 2 Considering the submission, this court, so far as petitioner no.1 is concerned, is of the view that he admittedly is not a licensee and even then indulged in clandestine sale of kerosene oil is not entitled to the extension of privilege of anticipatory bail. Accordingly, prayer for anticipatory bail made on behalf of the petitioner no.1, namely, Pramod Chaudhary @ Pramod Kumar Chaudhary stands rejected. He may surrender and apply for regular bail in the court below which shall be considered on its own merit uninfluenced by the present order passed by this court in the present proceeding. So far as petitioner no.2, namely, Anirudha Chaudhary is concerned, having regard to the submissions and the documents placed at annexure-2 series, this court is persuaded to extend the privilege of anticipatory bail to the petitioner no.2. In the event of his arrest or surrender within a period of four weeks from today before the court below petitioner no.2 is directed to 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 S. D.J.M., Saharsa, in connection with Nauhatta P.S. Case No. 83 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure Code. Sym/ (Kishore K. Mandal, J.)