IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20263 of 2010
Binay Kumar, son of Lakhan Prasad, resident of Village-
Fatehpur, P.S.-Fatehpur, District-Gaya. ........Petitioner.
Versus
The State of Bihar ............................Opposite Party.
For the petitioner :- Mr. D. N. Tiwari, Advocate.
For the State :- Mr. Atul Chandra, A.P.P.
-----------
2. 15. 06. 2010. Heard the parties.
In a criminal prosecution for offence under Section 7 of
the Essential Commodities Act, there is allegation of recovery of
400 liters of kerosene oil from the possession of the petitioner.
It is submitted that in fact seizure in question was made
from the road side near Girls High School, Fatehpur Bazar, in the
district of Gaya. Therefore, it can not said that seized articles was
exclusively belonging to the petitioner. It is further submitted that
petitioner is in judicial custody since 22. 04. 2010, and has been
sufficiently punished in the present case.
In the facts and circumstances of the case, the above
named petitioner is directed to be released on bail in connection with
Fathepur P.S. Case No. 61 of 2010, 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, Gaya.
m.p. ( Birendra Prasad Verma, J.)