IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28241 of 2011 Kalimmuddin Khan, Son of Late Mohammad Khan. Versus The State Of Bihar ----------- 2 24.08.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Section 7 of the Essential Commodities Act. It is alleged that on a raid conducted by the Assistant District Supply Officer, Sherghatti, 60 quintals of rice, 25.5 quintals of wheat, besides some weights and measures and 52 empty bags of F.C.I. Brand were recovered and seized from the house of co-accused Narain Sao and Vijay Sao. It is submitted on behalf of the petitioner that Narain Sao was apprehended by police on the date of occurrence itself. He disclosed that the food grains so seized belonged to one Gautam Singh. The said Gautam Singh has already been granted anticipatory bail by order dated 13.12.2010 passed in ABP No. 1040 of 2010 by the learned Sessions Judge, Gaya. It is further submitted that co-accused Vijay Sao from whose house recovery is said to have been made has also been granted anticipatory bail by order dated 11.02.2011 passed in Cr. Misc. No. 1344 of 2011 by this Court. It is thus submitted that since the recovered food grains did not belong to the petitioner he has been made accused merely on suspicion as the informant found his PDS shop closed 2 when he went there. No verification of the stock or godown of the petitioner could be conducted. Taking into consideration the aforesaid facts, let the petitioner, namely, Kalimmuddin Khan in the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of the order be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati (Gaya) in connection with Imamganj P.S. Case No. 36 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Md. Ibrarul ( Ashwani Kumar Singh, J.)