IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24209 of 2008 KRISHNA KUMAR Versus STATE OF BIHAR ----------- 2 15.07.2008 Heard learned counsels for the petitioner and the State. Petitioner is apprehending his arrest in connection with Motihari Town P.S.Case No. 21 of 2008 for the offences alleged to have been committed under section 7 of the Essential Commodities Act. It has been submitted on behalf of the petitioner that he is a dealer of Public Distribution System and his shop was raided on 21st January 2008 whereas the first information report was lodged on 01.02.2008 after about a week or so. It is further submitted that during the raid small quantity of kerosene oil (about 12 liters) was found short. It is submitted that one percent shortage of k.oil is natural and permissible in the eye of law. Notwithstanding the above it is submitted that the petitioner is a serious patient of Lever disease. Considering the submissions as noticed above and on perusal of the allegations levelled in the first information report as also the averments made in the petition, it is directed that in the event of arrest or surrender within a period of four weeks, the petitioner, Krishna Kumar be released on bail on furnishing bail bonds 2 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in connection with Motihari Town P.S. Case No. 21 of 2008 subject to the conditions as laid down under section 438 (2) of the Criminal Procedure Code. Manish/- ( Shailesh Kumar Sinha,J.)