IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23650 of 2009 NASIM AKHTAR Versus STATE OF BIHAR ----------- 02 17.09.2009 Heard both sides. Sole petitioner seeks anticipatory bail in a case instituted under Section 7 of the Essential Commodities Act. Allegation is that one tractor/ trailer loaded with 27 bags of Urea and 08 bags of D.A.P. was intercepted by the B.D.O. Driver of the said tractor/trailer escaped from the seat. These bags were seized. Subsequently it was found that the petitioner is the owner of the said tractor/trailer. Referring to annexure-2, it is contended that when the tractor/trailer was/were intercepted the petitioner was not the owner. Referring to the statement made in paragraph nos. 8 and 9, it is contended that the local purchasers of the fertilizers approached the informant (B.D.O) for release of the seized fertilizers and stated that the tractor/trailer was carrying the bags purchased by them. It further appears that the bags have already been released in favour of the local purchasers. Having regard to all these aspects of the case, this court is persuaded to extend the privilege of anticipatory bail to the petitioner. Let petitioner, above named, in the event of arrest or surrender before the court below within a period of 05 weeks from today, be released on bail on furnishing bail bond of Rs. 2 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Sitamarhi in connection with Bairgania P.S.Case no. 04 of 2008 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Sym/ (Kishore K. Mandal, J.)