IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51171 of 2008 RAJ NARAYAN SINGH S/O LATE MAHESHWAR SINGH R/O VILL. NARAWARA, P.S. TARIYANI, DIST. SHEOHAR --- PETITIONER. Versus STATE OF BIHAR --- OPP. PARTY. ----------- 04. 28.04.2009 Heard both sides. The sole petitioner seeks anticipatory bail in a case instituted under Section 7 of the Essential Commodities Act. The allegation against the petitioner in the F.I.R. is that he was assigned the job of distribution of wheat amongst the flood affected people. The supply was to be made at the rate of 25 Kg of wheat to each victim but the petitioner instead supplied 20 Kgs and thereby accumulated wheat and was in the process of selling them in black market. Learned counsel for the petitioner submits that the police upon thorough investigation of the case did not find substance in the allegation and as such the final form was submitted on 31.07.2004 whereunder the petitioner was not even sent up for trial. Learned counsel for the petitioner has produced the order dated 08.11.2007 passed by the learned Sub Divisional Judicial Magistrate, Sheohar, to show that recently the learned court below differing with the final report has taken cognizance and hence the apprehension. It has further been contended that the lawful owner of the wheat seized in the 2 present case made an application claiming the wheat and same has already been released. Having regard to the facts appearing from the record, this court is persuaded to grant him the privilege of anticipatory bail. In the event of his arrest or surrender within a period of four weeks from today before the court below, above named petitioner is directed to be released on bail 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, Sitamarhi in Tariyani P.S. Case No. 94/2003, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sym/ (Kishore K. Mandal, J.)