Khelan Jha @ Ashish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53949 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Khelan Jha @ Ashish Kumar,

2. Gautam Kumar Jha, Both S/o Dayanand Jha, R/o Jhitkohiya Kataiya, P.S. - Basopatti, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate Ms. Babita Kumari, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

13 empty LPG cylinders were found from the shop of the petitioners.

Submission of the learned counsel for the petitioners is that the villagers normally put their empty cylinders for getting it exchanged with the filled one at the shop and whenever the vendors come, the same are exchanged. Petitioners have got no

Patna High Court Cr.Misc. No.53949 of 2018 (3) dt.11-10-2018 2/2 criminal antecedent.

Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Basopatti Police Station Case No. 136 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T