IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39772 of 2011 Amit Kumar son of Sunil Kumar @ Sunil Kumar Jaiswal, resident of Mohalla- Thakurwari, Ward No.11, P.S.-Motihari Town, Dist.-East Champaran Versus The State of Bihar ------------------- 2. 29.11.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in connection with a case registered for the offence punishable under section 7 of the E.C. Act as well as under the Prevention of Black Marketing and Maintenance of Essential Commodities and Supply Act, 1980. It is stated that the petitioner is owner of the seized rice and wheat in question. It is also stated that in October, 2002 the licensing provision was abolished and no licence is required for carrying on business in food grains thereafter. The bags of F.C.I. are easily available in open market and simply because the bags are marked with F.C.I. no presumption can be raised that the rice and wheat in question is of any government scheme. The petitioner is not a P.D.S. dealer and has not contravened any provision of section 3 of the E.C. Act. Considering the facts and circumstances of the case, petitioner named above 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Town P.S. Case No.312 of 2011. Md.S. ( Ashwani Kumar Singh, J.)