IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12052 of 2010 BIRENDRA SAH @ BEERU SAH @ BIRENDRA SON OF SRI BRIJ BIHARI SAH, RESIDENT OF VILLAGE CHANDRAPURA, P.S. BRAHMPUR, DISTRICT BUXAR. ---- PETITIONER. Versus STATE OF BIHAR--- OPP. PARTY. ----------- FOR PETITIONER : MR. B.J.OJHA, ADVOCATE. FOR THE STATE : MR. SUNIL KUMAR PANDEY, A.P.P. --------- 2/ 30.04.2010 Heard the parties. In a criminal prosecution for an offence under section 7 E.C. Act, the informant claims that one person, who was carrying kerosene oil in five plastic gallons on a bicycle , seeing the police force fled away from there leaving his bicycle and kerosene oil in an abandoned condition. On arrival of the informant there, other persons are said to have disclosed the name of the petitioner. It is submitted by learned counsel for the petitioner that he is not the dealer under Public Distribution system rather he is private person. According to him no recovery of kerosene oil has been made from the conscious possession of the petitioner and the allegations for selling kerosene oil in black market is absolutely false. Taking into consideration the aforesaid facts and circumstances of the case and particularly the facts that the petitioner is not the dealer under public distributor system, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the - 2 - above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. (Nanijore) P.S. case No. 330 of 2009, subject to conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/