IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2890 of 2025 Arising Out of PS. Case No.-315 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Azad Alam, Son of Abdul Haque, Resident of village- Thawapara, Ward No 10, PS -Kishanganj, Dist- Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Shah Nawaz Ali, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-02-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No. 315 of 2022, registered for the offences punishable under Section 7 of the Essential Commodities Act. 3. Allegedly in course of vehicle checking, the police intercepted a pick-up van with 12 drums of diesel and apprehended the driver of the pick-up vehicle. The name of the petitioner has been implicated in this case on account of he being owner of the vehicle. 4. Learned Advocate appearing on behalf of the petitioner contended that even if the allegation taken to be true, Patna High Court CR. MISC. No.2890 of 2025(2) dt.15-02-2025 2/3 no offence is made out against the petitioner, inasmuch as, the rules prescribed that any petroleum substance below 2500 litres, may be carried and transported without any license. Taking note of the aforesaid facts, the vehicle in question has already been released in favour of the petitioner on being found no infirmity, the copy of which is marked as Annexure P/2 to the bail application. It is also the contention of the petitioner that so far the allegation that the diesel in question was adulterated, the same is subject matter of scientific examination by the competent authority. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the vehicle in question has already been released in favour of the petitioner by taking into consideration that for the purposes of carrying less than 2500 litres of petroleum substance, there is no need of license and save and except the suspicion that the diesel was adulterated, there is no other material, as also the fact that the petitioner has not been extended the benefit of Section 41A of the Code of Criminal Procedure, 1973 equivalent to Section 35(3) of the B.N.S.S. of 2023, let the petitioner above named be Patna High Court CR. MISC. No.2890 of 2025(2) dt.15-02-2025 3/3 released on bail, 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, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 315 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T