IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8512 of 2010 Ballam Kumar Singh, son of Late Gopal Singh, resident of Mohalla- Chhatauni , Ward No. 18, P.S. Chhatauni, District- East Champaran. ………………….Petitioner. Versus The State of Bihar ………………………Opposite Party. ----------- 2. 20. 04. 2010. Heard Mr. Naresh Chandra Verma, learned counsel appearing on behalf of the petitioner and Mr. Anuj Kumar Srivastava, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Chhatauni Police Station Case No. 90 of 2009 dated 01. 08. 2009, registered under Section 7 of the Essential Commodities Act. According to the prosecution case, the petitioner is a dealer under Public Distribution System and he is alleged to have distributed food grains to some persons on the coupons issued by the Ward Commissioner who was not authorised to issue such coupon. It is submitted by the learned counsel for the petitioner that there is absolutely no allegation of black marketing against the petitioner and there is no allegation that food grains has not been distributed. The only allegation against the petitioner is that distribution has been made on the direction of the Ward Commissioner, who was not vested with such power to issue such coupons and therefore, offence under Section 7 of the Essential Commodities Act is not made out. In the facts and circumstances of the case, in the event of his arrest/ surrender within a period of four weeks from today, 2 the petitioner, namely, Ballam Kumar Singh, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Chhatauni P.S. Case No. 90 of 2009, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)