IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7712 of 2010 1. LALAN YADAV 2.Arun Yadav both sons of Gyan Yadfav r/o village Asthawan P.S. Asthawan Dist, Nalanda ……..Petitioners. Versus THE STATE OF BIHAR ----------- 2 22.3.2010 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in connection with Asthawan P.S. case No. 123 of 2009, instituted under sections 406/34 of the Indian Penal Code as also under section 7 of the E.C. Act. According to the prosecution case informant claims to have seized 20 bags of rice and wheat from the trailer of a tractor and aforesaid food grains were belonging to one Pramod Kumar P.D.S. dealer. It is submitted that petitioners are alleged to be present there on the trailer either in the capacity of owner or in the capacity of driver. But admittedly they are private persons and are not P.D.S. dealer. Therefore, it is submitted that the offence under section 7 E.C. Act is not made out against them. In the aforesaid facts and circumstances, let the above named petitioners in the event of their arrest or surrender in the court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Nalanda at Biharsharif in the above noted case , subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman