IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31104 of 2011
Dayanand Choudhary @ Dayanand Prasad Choudhary, Son of Late Darshu
Choudhary, resident of village-Bhagatpur, P.S.-Balia, District-Begusarai.
Versus
The State of Bihar
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2. 14.9.2011 Heard learned counsel for the petitioner and learned
counsel appearing for the State.
The petitioner apprehends his arrest in connection with
Balia P.S. Case No. 108 of 2011 registered for the offence under
Section 7 of the Essential Commodities Act.
It is alleged that on information the premises of petrol
pump in question was raided. It was found that diesel was being
filled through pipe in gallon from the tanker filled with diesel,
bearing Tanker No. BR9B-3253. The driver of the tanker, namely,
Md. Alitaf Khan @ Kala Khan and Khalasi namely Md. Naushad
Khan on inquiry disclosed that about 100 liters of diesel was sold to
Mr. Ashish Poddar and Chamru Mahto from the tanker. Some
kerosene oil was also found in a cemented container adjacent to the
office. On inquiry, Ashish Poddar and Chamru Mahto disclosed that
the said closed petrol pump had been taken on rent, in which apart
from them Ranjeet Singh and Shahabuddin Mian were also involved
in illegal dealing. Thereafter, with the help of local P.D.S. Dealer
said diesel and kerosene oil was seized and seizure list was
prepared.
On perusal of chalan (invoice), it transpire that the same
was issued from Hindustan Petroleum Company on 11.7.2011 in
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favour of Jyoti Petroleum, Madahatpur, P.O.- Jamuniya, P.S.-
Naugachhia, district-Bhagalpur. From the certificate of registration
of tanker lorry, it transpires that the same belonged to Smt. Pawan
Devi.
In the F.I.R. it is alleged that on inquiry it was learnt that
the owner of the closed petrol pump was Dayanand Choudhary @
Dayanand Prasad Choudhary.
It is stated that the petitioner has got no concern with the
petrol pump in question i.e. Auto Fuels, Lakhminia and the said
petrol pump belongs to Manoj Kumar Agrawal of Begusarai. The
pump is closed since long. Subsequently, one Rahul Vibhushan tried
to operate the said petrol pump and he filed writ application before
this Court being C.W.J.C. No. 17159 of 2007 which was allowed on
10.3.2010. Against the said order passed in the writ petition, the oil
company preferred LPA No. 1369 of 2010. The said L.P.A. was
allowed by a Division Bench of this Court by order dated 4.11.2010
and against that order, Rahul Vibhushan and another preferred
S.L.P. before the Hon’ble Supreme Court, being S.L.P. (Civil) No.
6561 of 2011 and the same was dismissed on 14.3.2011. Thus, it is
argued that the oil company refused to transfer the license of said
petrol pump in the name of Rahul Vibhushan and another and till
date, the license of said petrol pump is in the name of Manoj Kumar
Agrawal.
It is also submitted that even if assuming for the sake of
argument (without admitting) the petitioner to be owner of said
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closed petrol pump, no offence would be attracted against him
because, even as per F.I.R. the aforesaid land and closed petrol
pump, etc., were taken on rent by Ashish Poddar, Chamru Mahto,
Ranjeet Singh and Shahabuddin Mian and as per F.I.R. the diesel in
question was sold to Ashish Poddar and Chamru Mahto.
It is also submitted that the petitioner has got no criminal
antecedent.
Taking into consideration the aforesaid submissions, let
the petitioner, namely Dayanand Choudhary @ Dayanand Prasad
Choudhary in the event of his arrest or surrender before the Court
below within a period of four weeks from the date of
receipt/communication of this order, be released on bail on
furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two
sureties of the like amount each to the satisfaction of the learned
Sub-Divisional Judicial Magistrate, Begusarai in connection with
Balia P.S. Case No. 108 of 2011 subject to the conditions as laid
down under Section 438(2) Cr. P.C.
Sanjeet (Ashwani Kumar Singh, J.)