IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15179 of 2010 MD.ARIF, S/o Late Kamrul Hoda, R/o Village- Mafi, P.S.- Asthama, District-Nalanda. ……..Petitioner. Versus STATE OF BIHAR 3. 12-07-2010 Petitioner being the headmaster is apprehending his arrest in a case registered under section 7 of Essential Commodities Act. It is alleged in the FIR that the informant being the Block Education Extension Officer received information on 24-08-2009 at 12:30 P.M. that black marketing of the grains for Mid-day Meal of Urdu Primary School Dulhanram Tola is being done. Subsequently, on the road, three quintals rice kept on the bicycle was caught by the villagers whereas in the room, rice was kept in the open condition for sale. From the villagers, the informant came to know that this petitioner in connivance with Md. Usman, husband of the Secretary of the Vidyalaya Siksha Samiti was selling the grains for Mid Day Meal. It is submitted by the learned counsel for the petitioner that the petitioner was not present on the alleged date of seizure being holiday which gets reflected vide Annexure-2. There is no allegation that rice was actually sold. The only allegation is that rice was kept on the bicycle. Moreover, for misappropriation of the grains of Mid Day Meal no case under section 7 of the Essential Commodities Act is made out. It is also submitted that other co-accused Md. Usman has been granted anticipatory bail by this Hon’ble Court vide order dated 8.03.2010 passed in Cr. Misc. NO. 40938/2009. Considering the fact that no offence under section 7 of the - 2 - Essential Commodities Act is made out and the fact that other co- accused has been granted anticipatory bail, let petitioner above named is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Madhepura P.S. Case No. 331 of 2009 on furnishing bail bond of rupees 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura subject to the conditions laid down under section 438(2) of the Cr.P.C. Sujit (Dinesh Kumar Singh, J)