IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46351 of 2008 RAMBILASH SAH S/O-Rameshwar Sah, R/O-Mohalla-Indira Nagar (Tikulia), P.S.-Jogbani, Distt.-Araria. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 30.01.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner apprehends his arrest in a case which has been registered under Section 7 of the E.C. Act and Section 3(1) (A) of the Black Marketing Act. 301 packets of rice were recovered from Truck No. WB-25-A/1287, 191 packets of rice containing 50 kg. from Truck No. BR-10-G/2243, 300 packets of containing 50 kg. of rice from Truck No. BR-10-B /7770 and 180 packets of rice from Truck No. BR-G/7407 and same number of packets from Truck No. BR-52/3147. On the order of S.D.O., Supply Officer conducted enquiry and found that the rice was being taken for the purpose of black marketing. Submission is that the petitioner is bona fide trader. There is no mark of trade of rice within the state. There is no control over trade of rice. There is no any violation of statutory laws, so Section 7 of the E.C. Act is not attracted. The petitioner is a registered trader with Commercial Taxes Department, Forbesganj. He carried - 2 - trade in the name of M/S Kunal Rice and the Tax Payer Identification No. is 104418513091. The rice was purchased from Shiv Parvati Bhandar. The petitioner was in possession of bona fide papers so allegation of black marketing is also incorrect. Considering the facts and circumstances of the case, Rambilash Sah is directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jogbani P.S. Case No. 43 of 2008 corresponding to Spl. Case No. 11 of 2008, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)