IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36580 of 2008 1. ABDUL KADIR @ ABDUL QUADEER, S/O LATE SHAMIM AHMAD, R/O VILLAGE-KHIRWA BAZAR, 2. SONALAL SAH, S/O NATHUNI SAH, R/O VILLAGE-BELGHATI. BOTH OF P.S. TURKAULIA, DISTRICT-EAST CHAMPARAN. -PETITIONERS Versus THE STATE OF BIHAR. –OPP.PARTY 2 20.11.2008 Petitioner no.2, Sonalal Sah, is the Up-Mukhiya of the Panchayat under whose jurisdiction provisions of the Essential Commodities Act have been violated by the Public Distribution System Dealer. Petitioner no.2 has been arrested. His application, therefore, for grant of anticipatory bail is rejected. The Public Distribution System Dealer, whose actions have been complained of in the first information report, has been granted anticipatory bail by this Court. The information states that the petitioner no.1, being the Mukhiya of the Gram Panchayat concerned, had supervisory duty, there has been failure thereof and, accordingly, he was in connivance with the Public Distribution System Dealer. Considering these aspects of the matter, the application of petitioner no.1 for grant of anticipatory bail is allowed. 2 Let the petitioner no.1, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in Turkaulia P.S. Case no. 12 of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh, J.) AAhmad