IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52540 of 2008 1. Dinesh Mahto, son of late Mathur Mahto, 2. Phul Kumari Devi, wife of Dinesh Mahto, village Sankhoo, PS Ballia (Parihara), district Begusarai .. Petitioners. Vs. The State of Bihar. 2 6.2.2009 Heard learned counsel for the petitioners and the State. The petitioners are accused in a case under sections 341, 323, 379, 504, 420 and 34 of the Penal Code and section 7 of the Essential Commodities Act. The informant is Ward Councilor and has alleged that the petitioners were selling K. oil using defective measuring instrument. It is alleged that there was some exchange of hot words between them. Learned counsel for the petitioners submits that petitioners had filed a petition before the S.D.O. stating therein that the informant and his wife were misusing their position and wanted to get oil without a card from the petitioners’ shop. It appears that a proceeding under section 107 Cr. P. C. was also pending between the informant and some others and that the informant is in the habit of creating nuisance and misusing his position. Be that as it may, the petitioners are directed to be released on anticipatory bail in the event of their arrest or surrender within six weeks in Ballia (Parihara) PS Case No. 149/2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Begusarai subject to the conditions laid down under section 438 (2) of the Cr.P.C. haque (Sheema Ali Khan, J.)