IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21904 of 2010 ETWARI KUMAR JAISWAL Versus STATE OF BIHAR ----------- 2. 12.7.2010 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in a case registered under Section 7 of the Essential Commodities Act, 1955. It is alleged that the petitioner was selling Kerosene Oil at Rs. 35/- per liter and thereby was doing black marketing. It is submitted by learned counsel for the petitioner that the petitioner’s name is Etwari Kumar Jaiswal S/o Surya Narain Choudhary whereas the F.I.R. has been lodged against Etwari Chowdhary S/o Buchchi Choudhar. From perusal of the F.I.R., it appears that no seizure of documents has been made as the document would have reflected that the petitioner has distributed the kerosene to the students as per the directions or not. It is submitted that petitioner was allotted Kerosene oil for distribution among the student but there is no complaint from the student with regard to the illegal activities of the petitioner. 2 Hence the informant with oblique motive has lodged the F.I.R. From the perusal of the F.I.R. it appears that petitioner was not apprehended on the spot. Considering the nature of allegation, lodging of F.I.R. against a wrong person, without seizing or verifying of the documents, let the petitioner, namely, Etwari Kumar Jaiswal @ Etwari Choudhary, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory 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, Supaul in connection with Supaul P.S. Case No. 65 of 2010, subject to the condition laid down under Section 438 (2) Cr. P.C. Anand Kr. ( Dinesh Kumar Singh, J.)