IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29222 of 2011 ====================================================== Pramod Paswan, son of Late Bateshwar Das, resident of village Chamangarh, G.P. Itahari, Post Office Kala Rampur, Police Station Naya Ram Nagar, District Munger .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 2 30-08-2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner apprehends his arrest in a case under Section 7 of the Essential Commodities Act. The allegation is that the petitioner received food grains on 11.07.2011 to be distributed to the B.P.L. Card Holders. It is alleged that the stock register was not produced and that there is no explanation of the fact that the stocks were distributed to the B.P.L. Card holders. Learned Counsel for the petitioner submits that in fact the stock register would disclose that the petitioner had distributed the food grains and the remaining food grains were found in the shop of the petitioner. It is further submitted that the First Information Report has been instituted after a delay and as such, it appears that Patna High Court Cr.Misc. No.29222 of 2011 (2) dt.30-08-2011 2 / 2 2 interpolations have been made in the First Information Report. The question whether the petitioner had distributed the food grains is a question which has to be investigated and the authorities have the right to cancel the license of the petitioner, if it was found that the petitioner was selling the food grains in the black-market. For the purpose of bail, submissions made that stock register would disclose the actual stock found in the shop of the petitioner is sufficient. Accordingly, the above named petitioner is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below within a period of six weeks from today in Naya Ram Nagar Police Station Case No. 120 of 2011 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Munger subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Sheema Ali Khan, J)