IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33986 of 2011 ====================================================== Bhim Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.33999 of 2011 ====================================================== Sunil Kumar Sinha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.34000 of 2011 ====================================================== Abhay Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 12-10-2011 Heard learned counsels for the petitioners and the State. The petitioners being the rice mill owners are apprehending their arrest in a case registered under Section 7 of the Essential Commodities Act and Sections 420, 467 and 468 of the Indian Penal Code. The accusation is based on the inspection of the rice mills of the petitioners when it was found that the petitioner delivered less than 50% rice to the F.C.I as required under Clause 3 of the Levy Order as the rice mill owners are required to sell 50% of the quantity of rice produced or manufactured out of the paddy received on the minimum support price to the F.C.I. The other accusation is that the paddy has been procured from other sources than from the agriculturists. It is submitted by learned Sr. counsel for the petitioner that in fact, the accusation is based on the miscalculation as the petitioners have supplied more than 50% of the manufactured rice to the F.C.I and there is no question of non- supplying of the rice to the F.C.I, since the rates of the rice in the market and the levy price is almost same. It is further submitted that the procurement of the paddy from the other sources is only suspicious in nature as there is no documentary proof to that effect. Considering the aforesaid submissions particularly in view of the fact that accusations are based on the calculations which has been done in a very mechanical manner, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Laheri P.S. Case No. 176/2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra Kumar/- (Dinesh Kumar Singh, J)