IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22864 of 2009 PRADIP MAHTO, SON OF KISHUN MOHTO, RESIDENT OF VILLAGE LAKHAIPUR, TOLLA MALIACONI, POLICE STATION MOHANPUR, DISTRICT GAYA Versus STATE OF BIHAR ----------- 2. 11.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 7 of the Essential Commodities Act. It is stated that huge quantity of kerosene oil was recovered from an open space in front of the shop of the petitioner. The allegation against the petitioner is that he was selling kerosene oil in black-market while putting the same on open space in front of his shop. Learned counsel for the petitioner submits that petitioner is not a licensee for kerosene oil and, therefore, no prosecution can be launched against him under Section 7 of the E.C. Act. He further submits that the petitioner was not at all connected with the said kerosene oil rather it was kept by the other licensee for distribution in the Panchayat. Petitioner is in custody since 21.5.2009 and it is stated that he has no criminal antecedent. - 2 - Considering the above facts and circumstances of the case, the application is allowed. Petitioner (Pradip Mahto) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Sherghatti (Gaya) in connection with Barachatti (Mohanpur) P.S. Case No.20/09. B.T (J.N. Singh, J.)