IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42180 of 2009 PRAMOD KUMAR YADAV @ PRAMOD KUMAR Versus STATE OF BIHAR ----------- 2 11.12.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Chiraiya P.S. Case No. 84 of 2008 for the offences punishable under Sections 414 of the Indian Penal Code and Section 7 of the Essential Commodities Act. Substance of allegation against the this petitioner is of recovery of 11 drums of kerosene oil containing 200 liters each along with a drum containing 100 liters and two jerkin containing 35 liters each of blue kerosene oil. It was recovered from the hutment said to be belonging to this petitioner. Learned counsel appearing on behalf of the petitioner submits that he has been wrongfully connected in the present case and there is no evidence to show that the hutment from where the said recovery was made belongs to this petitioner. 2 It is further stated that no case is made out under Section 414 of the I.P.C. nor the raiding party had found any transactions going on from the said house and as such no case under Section 7 of the E.C. Act is made out. Learned counsel further submits that goods does not belong to him and merely on the statement made by Choukidar of the said house he has been roped in the present case. Having regard to the facts and circumstances of the case, let the petitioner, Pramod Kumar Yadav, be enlarged on 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, East Champaran, Motihari in connection with Chiraiya P.S. Case No. 84 of 2008. Bibhash (Jyoti Saran, J. )