Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4394 of 2018 Arising Out of PS.Case No. -245 Year- 2016 Thana -GAURICHAK District- PATNA ====================================================== Manoj Kumar, Son of Late Nand Kishore Lal, Proprietor M/s Bidasari Oil Company having place of business at Ramganj (Punpun), P.S. Gaurichak, District Patna and presently residing at 201-A, Saket Plaza, Jamal Road, P.S. - Gandhi Maidan, Town and District - Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Agrawal For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Gaurichak P.S. Case No. 245 of 2016 dated 23.10.2016 instituted for the offence under Section 7 of the Essential Commodities Act, 1955.
The stock in the shop of the petitioner was found to be lacking with respect to 1190.04 litre of Kerosene Oil which in fact is a violation of Bihar Trade Articles (Licenses Unification) Order, 1984, punishable under Section 7 of the Essential Commodities Act.
Learned counsel for the petitioner has submitted that his implication in this case is because of extraneous considerations
Patna High Court Cr.Misc. No.4394 of 2018 (2) dt.01-02-2018 and the FIR has been lodged without any physical measurement of the Kerosene Oil but only by measuring it with a dip rod. Considering the accusations against the petitioner above named, he is directed to be released in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Gaurichak P.S. Case No. 245 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) KKSINHA/- U T