IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28477 of 2010 PANCH KOURI RAJAK, son of late Jhari Rajak Versus STATE OF BIHAR ----------- 01.12.2010 Heard learned counsel for the parties. Villagers caught a Tata Magic bearing registration no. B.P.38/B//18190 loaded with 7 drums of Kerosene oil. It is stated by the driver of the vehicle that the aforesaid Kerosene oil was lifted from the petitioner’s shop and was being taken to Nepal. Submission of the learned counsel for the petitioner is that undoubtedly Kerosene oil was lifted by him but was distributed among entitles after collecting coupons and only 342 litres remained to distribute. Several requests were made on his behalf to verify his stock and distribution register but that was not done, rather, under a conspiracy this case is lodged by husband of Mukhiya. Learned APP also fails to point out any material relating to verification of stock and distribution register. Thus, having regard to the facts and circumstances of the case, in the event of arrest of surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Araria P.S. Case No. 439 of 2009 (G. R. No. 1756 of 2009), subject to the condition as laid down under section 438 (2) Cr. P.C. Ashwini/- (Mandhata Singh, J. ) 2