IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10125 of 2009 DHRUB SAH S/O-Late Tribeni Sah, R/O-Vill-Madhepur Pasraha, P.S.-Mahesh Khunt, Distt.-Khagaria. At present Mohalla-Ganjala Ward No.-18, P.S.-Saharsa, Distt.-Saharsa. ………………………………………….Petitioner. Versus STATE OF BIHAR …………………………………………..Opposite Party. ----------- 2/ 13.05.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner seeks bail in a case which has been registered under Sections 406, 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act. Submission is that the offence under Section 406 of the Indian Penal Code is not made out because the Kerosene Oil has not been entrusted to the petitioner it was not stolen property so Section 414 of the Indian Penal Code is not attracted. The P.O. is railway land it is not in possession of the petitioner. The petitioner is P.D.S. dealer and is in custody since 03.12.2008. Considering the facts and 2 circumstances of the case, the above named petitioner 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 S.D.J.M., Saharsa/concerned court in connection with Saharsa P.S. Case No.- 565 of 2008 (Spl. 14/2008). kksinha/ (Shyam Kishore Sharma, J.)