IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3236 of 2009 JAY RAM SAH, Son of Sheomuni Sah, Resident of Village- Gangarhi, Police Station- Dinara, District- Rohtas :----- Petitioner. Versus STATE OF BIHAR:------Opposite Party ----------- 2. 24.03.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 7 of the Essential Commodities Act. He is a P.D.S. dealer. It is submitted on his behalf that First Information Report was lodged as the shop of Chhabinath Rai was raided and during the raid it was found that grains allotted to the petitioner and other P.D.S. dealers were being sold in the shop of Chhabinath Rai, who is not a P.D.S. dealer. It is submitted on behalf of the petitioner that it is difficult for anybody to identify the grain which is being sold in a particular shop as the one which was allotted to the petitioner or to any other P.D.S. dealer. It is also submitted that during investigation the grain allotted to him the previous day of the raid was found kept in the verandah of the Mukhiya of the village for being distributed to the villagers. It is also submitted that appreciating the nature of the allegation Chhabinath Rai has been admitted to the privilege of bail in the event of arrest by another Bench of this Court. Let the petitioner, namely, Jay Ram Sah surrender in the court below (Chief Judicial Magistrate, Rohtas at Sasaram) within a period of four weeks from today in connection with Dinara P.S.Case No. 101 of 2008 and if it is a fact that Chhabinath Rai has been - 2 - admitted to the privilege of bail in the event of arrest then he be also accorded the similar treatment. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P. (V.N.Sinha,J.)