IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43253 of 2010 1.BHUBNESHWAR SAH @BHUVENESHWAR SAH, SON OF LATE BIPTU SAH 2.UPENDRA SAH, SON OF LATE HARI LAL SAH BOTH ARE RESIDENT OF VILLAGE KHAJURI, P.S. BHARGAMA, DISTRICT ARARIA---------------------------------------------------------PETITIONERS Versus THE STATE OF BIHAR-----------------------------------------------------OPP.PARTY ----------- 2. 26.3.2011 Heard learned counsel for the petitioners and learned Additional P.P. for the State. The petitioners pray for anticipatory bail in a case under Section 7 of the E.C.Act. The allegation is that the subsidiary food grains and levy sugar received by two dealers from SFC godown, Madhepura were being unloaded for the purposes of black marketing in the house of one of the co-accused Uttimlal Sah. Those goods were being carried in five tractor-tailors, out of which two fled away and the other three were seized. The petitioners are the owner and driver of one of the tractors. Learned counsel for the petitioners submits that the petitioner had purchased a new tractor which had not even been allotted registration number and he was not at all concerned with the activities of the concerned dealers as the tractors had been engaged only for the purposes of carrying the goods. Thus no 2 criminal intention can be said to exist so far as the petitioners are concerned. It is further submitted that one of the dealers Bidya Nand Mandal has already been granted anticipatory bail by this Court by order dated 3.3.2011 in Cr.Misc.No. 2829 of 2011. In the said circumstances, learned counsel for the petitioners submits that the case of the petitioners stands on much higher footing as they are not the licensee and cannot be liable for any violation of the terms and conditions of the licence under the E.C.Act, rather the liability is of the dealers. On a consideration of the facts and circumstances of the case, it is directed that the petitioners, namely, Bhubneshwar Sah @ Bhuveneshwar Sah and Upendra Sah, in the event of their arrest/surrender within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Srinagar P.S.Case No. 35/10, subject to the other conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta,J.) 3 Spal/