IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33710 of 2008 BIMAL KUMAR BOTHRA @ BIMALJI BOTHRA & ANR. Vrs. THE STATE OF BIHAR **** /2/ 16.09.2008 Heard the counsel for the petitioners and the State. 2. Petitioners, Bimal Kumar Bothra @ Bimalji Bothra and Rakesh Kumar, are apprehending their arrest in connection with Araria P.S. Case No. 191 of 2008 as 680 and 650 bags of wheat loaded on two trucks which were to be transported and unleaded at his place were seized at “zero” mile, Araria. Allegation is that cash memo and necessary documents were not produced. Counsel for the petitioners submits that the petitioner no. 1 is doing business of food grains. Wheat bags were being transported to Gulbagh, i.e., business premises of petitioner no. 1. There being no control over the sale, purchase, transportation of the food grains, no offence is made out as admittedly seized wheat were not stolen property of any Government scheme. 3. Considering the facts, the prayer for grant of anticipatory bail on behalf of the petitioners is allowed. They are directed to be released on anticipatory bail, in case of their surrender before the Court concerned within four weeks from 2 today, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Araria P.S. Case No. 191 of 2008 to the satisfaction of the Chief Judicial Magistrate, Araria, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )